Findings - CC - 2010 - CPA-07-08/A-05-08/RZ-11-08 - Cpa From Ps-P&Tr To Mu/Rim View Planning Area
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN AMENDMENT FROM
PUBLIC/SEMI-PUBLIC TO MIXED USE AND AN
ANNEXA TION AND REZONE FROM RUT (RURAL-
URBAN TRANSITION) TO MU-DA (MIXED USE
WITH DEVELOPMENT AGREEMENT) FOR WILSON
PROPERTIES L.P. AND WILSON HOLDINGS LLC
)
)
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)
)
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)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-7-08 & A-05-08 & RZ-ll-08
The above-entitled comprehensive plan amendment, annexation and rezone applications came before the Eagle
City Council for their action on December 15, 2009, at which time public testimony was taken and the public
hearing was continued to January 12, 2010. The public hearing was again continued to February 9, 2010, and
again to February 23, 2010, at which time additional limited public testimony was taken and the public hearing was
closed. At this time the City Council scheduled a mediation session for this item for March 2, 2010, and continued
the item to March 9, 2010. The City Council made their decision at that time. The Eagle City Council, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Wilson Properties L.P. and Wilson Holdings,. LLC, represented by Gene Shaffer with CSHQA, is
requesting a Comprehensive Plan Map and Text Amendment to change the land use designation
on the Comprehensive Plan Future Land Use Map from Public/Semi-Public and Transitional
Residential to Mixed Use and to amend the language in the Rim View Planning Area; an
annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to MU-DA
(Mixed Use with a development agreement). The +/- 83.79-acre site is generally located at the
northwest corner of N. Fox Run A venue and Chinden Boulevard (Highway 20/26) at 6479 N. Fox
Run A venue and 990 W. Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course
(maintenance barn), 6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on November 14, 2008; supplemental information was submitted since that
time. The applicant continued to meet with neighbors during the process to discuss development
concerns.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on May 25, 2009. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 29, 2009.
Requests for agencies' reviews were transmitted on April 30, 2009, in accordance with the
requirements of the Eagle City Code.
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On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff. Re-
notice of Pubic Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City in the Idaho Statesman on October 3, 2009, and in the Valley Times on October 5, 2009.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and the Eagle City Code on October 6, 2009. Re-notice of Pubic Hearing on the applications for
the Eagle Planning and Zoning Commission was published in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code in the Valley Times on October 26,2009.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on October 27, 2009. The site was posted in accordance with the Eagle City
Code on November 3,2009.
Notice of Public Hearing on the application for the City Council was published in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30,
2009. Notice of this public hearing was mailed to property owners within three hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on November 25, 2009. The site was posted in accordance with the
Eagle City Code on December 2,2009.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Foxtail golf course has been operating on the subject parcel since 1993, as approved by Ada
County. A series of changes have occurred over the years including expansion of the golf course
and the addition of accessory buildings.
On September 14, 2004, the City of Eagle adopted the Soaring 2025 Western Area plan which
expanded the City's planning boundaries generally west to the centerline of State Highway 16 and
south to Chinden Boulevard (US 20/26).
Figure I: Chinden Bench Planning Area
CPA-II-06: City of Eagle: The Western Area Plan designated the area north of the Phyllis Canal
and west of Spur Wing Country Club as the "Chinden Bench Planning Area" (figure 1). In 2005,
the entire area was annexed into the City of Meridian to be developed as the Tree Farm
Subdivision. Since that time Meridian and Eagle City Council members met and tentatively
determined that it was appropriate to allow Meridian to annex properties within this area and have
the City of Eagle remove it from their planning area (pending execution of a formal MOA
memorializing the agreement). The City approved a comprehensive plan amendment consistent
with this action; however, a resolution to finalize this action has not been adopted to date. A
memorandum of agreement (MOA) between the City of Meridian and the City of Eagle which
outlines the conditions regarding the allowance of Meridian to annex into the Eagle's planning
area must be executed before the adoption of a resolution by the City of Eagle.
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In March 2005, the Meridian City Council approved AZ 05-004 - a request for annexation and
rezone of 358.57-acres from RUT to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C-
N (17.26 acres) and C-C (28.45 acres) for The Tree Farm Subdivision located on the north side of
Chinden Boulevard and on both sides of Black Cat Road (west of Spurwing Subdivision).
In the Fall of 2006, the Eagle City Council and Meridian City Council met to discuss the Chinden
Bench area south of the Phyllis Canal. At that time Meridian expressed a desire and intent to
provide urban services to the area south of the Phyllis Canal. Meridian indicated they did not plan
to service the area north of the canal (area known by the City of Eagle as the River Plain planning
area as described in the Eagle Comprehensive Plan).
In February 2007, the Meridian City Council approved AZ 06-043 - a request for annexation and
rezone of 20.51 acres from R-R to R-8 zone and preliminary plat (PP 06-045) approval of 73
residential building lots (consisting of 46 attached single-family units and 27 detached single-
family units and 6 common/other lots) on 20.51acres in a proposed R-8 zone for Spurwing Patio
Homes Subdivision located on the northeast corner of North Ten Mile Road and West Chinden
Boulevard (west of North Spurwing Way).
In October 2007, the Meridian City Counciil approved CPA 07-010 - a request to amend the
Comprehensive Plan Land Use Map to include 645-acres north of the Phyllis Canal and south of
the Boise River, extending from Linder Road to approximately 14 mile west of Black Cat into
Meridian's North Meridian Planning Area.
Figure 2: Meridian Area of Annexation
In total, Meridian has annexed and/or provided comprehensive plan land use designations for
nearly 1,100 acres of the City of Eagle's approved Area of City Impact and comprehensive
planning area (figure 2). These actions have altered the City of Eagle's efforts to plan the forty
(40) acre commercially designated area located at the northeast corner of Highway 20/26 and
Black Cat Road. Due to the future extension of State Highway 16, that comer was recognized in
the Chinden Planning Area as a regional commercial area important to the economic well-being of
the City of Eagle. Now that SH 16 is proposed to intersect Highway 20/26 at McDermott Road,
Linder Road and the Rim View Planning area may be considered an appropriate location for a
regional commercial center, in part due to Linder Road being the only north-south connection
across the Boise River in the Western Area, and recent City Council action as noted in the
following paragraph.
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,-
Figure 3: Lllnder Road/Chinden
On December 16, 2008, the Eagle City Council approved CPA-5-08 & A-03-08 & RZ-8-08, a
Comprehensive Plan Map and Text amendment changing the land use designation on the
Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for
the property located on the northeast comer of Linder Road and Chinden Boulevard (US 20/26)
(figure 3). This action also approved an annexation (once the property becomes contiguous to
Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Transition)
to C-3-DA (Highway Business District with a Development Agreement). As of this date, the City
has approved DR-13-09, a design review application for the Eagle Island Market Place (EIMP)
and Fred Meyer development located on the subject 38.3-acre site.
E. COMPANION APPLICATIONS: All applications are inclusive and incorporated herein by reference.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Public/Semi-Public & RUT (Rural-Urban Transition - Golf course
Transitional Residential Ada County designation)
Proposed Mixed Use MU-DA (Mixed Use with Proposed commercial and
Development Agreement) residential development
North of site Residential Estates RI (Ada County designation) Winward River Heights,
Bodily & Bunderson
Springs Residential Subs.
South of site Meridian AOI RUT (Rural-Urban Transition Ada Residential/Pasture
County designation)
East of site Transitional Residential R 1 (Ada County designation) & Foxtail Subdivision;
RUT (Rural-Urban Transition - pasture is proposed for
Ada County designation) residential development
West of site Residential Estates, RUT (Rural - Urban Transition - Proposed Fred Meyers &
Transitional Residential, Ada County designation) & Rl Eagle Island Marketplace
Commercial (Ada County designation), C-3- commercial development
DA * (Commercial Highway
District with Development
Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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H. TOTAL ACREAGE OF SITE: +/- 83.79-acres
Total Acreage of Any Out-Parcels - None
1. APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The justification letter of July 27, 2009 (revised), provided by the applicant and date stamped by
the City on July 29, 2009, is incorporated herein by reference.
J. GENERAL SITE DESIGN FEATURES:
On-site Septic System (yes or no) - No, central sewer is required as a condition of approval.
Preservation of Existing Natural Features:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that various ponds, a ditch waterway, and the North Slough
irrigation waterway are present on the site. The various groupings of maintained trees and shrubs
are not indicative of a quality habitat for a range of species. The "Habitat Review" date stamped
by the City on October 30, 2008, does not indicate, preliminarily, any potential occurrence of
Threatened, Endangered, or Candidate fish and wildlife species of concern. Vegetation is typical
of a golf course; manicured trees and grasses have left the site mostly devoid of native species.
Preservation of Existing Historical Assets:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that no archaeological properties have been recorded at the site.
The McGrath House site, used for dairy operations is located on the site and has been determined
ineligible for National Historic Register listing. The historic route of the Oregon Trail traverses
east to west on the site but due to the physical changes made to the site over the past decades, no
evidence of the trail exists on the site. If during excavation or development of the site, any
historical artifacts are discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
The applicant proposes to maintain the full access currently allowed for the golf course onto
Chinden Blvd (Hwy 20/26) (principal arterial). Conceptually, the applicant is proposing
connectivity and access (i.e. stub streets) between this development and adjacent properties. Street
design and schematics are proposed by the applicant to be reviewed at the submittal of platting
and/or design review applications.
Sidewalks:
The most recent concept ("bubble") plan (date stamped by the City on August 26, 2009), does not
show any sidewalks within the development. As a condition of approval, sidewalks adjacent to the
streets will be required to be constructed, and pedestrian connectivity to all parts of the
development is to be the objective.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: While sidewalks for internal circulation will be reviewed at the time of platting
and/or design review, it is important to establish the goal of providing pedestrian-dominant
connectivity. See discussion under Staff Anallysis "C" (page 25) below.
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M. PUBLIC USES PROPOSED: None
N. SPECIAL ON-SITE FEATURES:
Because the site has been changed over the decades, and is home to a golf course, there are no
apparent special on-site features.
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required. The applicant has submitted a document titled "Habitat Review" date stamped by the
City on October 30, 2009, and an amendment to the same, date stamped by the City on May 27,
2009. In addition, the applicant has submitted a document titled "Natural Features Analysis" date
stamped by the City on October 30, 2009, and an amendment to the same, date stamped by the
City on May 27, 2009. Copies of the aforementioned documents are attached to this report and
brief descriptions are provided above under item L "General Site Design Features".
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the Eagle Sewer District's planning area. A memo from the District's engineer
dated May 19, 2009 (date stamped by the City on May 29, 2009) states that the area bounded by
Chinden to the Rim (bench) and Meridian Road to Linder Road would be limited to serving 480
equivalent residential units (ERU's). The site is located within the United Water certificated water
service area; the applicant is required to provide proof that service is available.
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
R. NON-CONFORMING USES: Upon annexation into the limits of the City of Eagle, the site may have
buildings, landscaping, parking etc. that may fall short of full compliance with Eagle City Code
relative to design and setbacks. The use of a golf course is generally permitted or conditionally
allowed in most zoning districts within the City. Upon any redevelopment of the site, the
development would need to comply in all respects to Eagle City Code and or other recorded
agreements entered into by the City and the applicant.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments which appear to be of special concern are noted below:
ACHD - Provides site speci.fic requirements the District may require when a future development
application is reviewed.
Chevron Pipeline - No conflict with the Chevron Pipeline
Department of Environmental Quality - Recommend verifying that there is adequate water and sewer to
serve the project.
Eagle Sewer District - A memo from the District's engineer dated May 19, 2009 (date stamped by the City
on May 29, 2009) states that the area bounded by Chinden to the Rim (bench) and
Meridian Road to Linder Road would be limited to serving 480 equivalent
residential units (ERU's).
Idaho Transportation Department - Multiple letters submitted to the City speak to proposed development
at the intersection of Chinden and Linder as well as access concerns for the
subject site.
T. LETTERS FROM THE PUBLIC: (as of October 15, 2009)
The following letters have been received and are incorporated herein by reference:
Letter from Jeff and Elene Swanson, 2980 S. Meridian Road, date stamped by the City on June 8,
2009.
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E-mail from Mark Montierth, 7175 N. Springcreslt Place, date stamped by the City on June 8, 2009.
E-mail from Eileen Winterrowd, 7102 N. Springcrest Place, date stamped by the City on June 8,2009.
E-mail from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on June 10,
2009.
Letter from Mimi Plumb, 854 River Heights Dr., date stamped by the City on July 6,2009.
E-mail from Lynn Trosper, 7110 N. Springcrest Place, date stamped by the City on July 13, 2009.
Letter from Dana Erdman, 7283 Winward Dr., date stamped by the City on July 27,2009.
Letter from Judith Erdman, 7283 Winward Dr., date stamped by the City on September 8, 2009.
Letter from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on October 13,
2009.
Letter from Larry Sandusky, 7602 Canyon Drive, Meridian, ID 83642, date stamped by the City on
October 15, 2009.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. The golf course property is currently zoned RUT (Ada County designation) while the 5-acre parcel is
zoned Rl (Ada County designation). Respectively, the Comprehensive Plan Land Use Map designates
these sites as Public/Semi-Public and Transitional Residential.
Chapter 1 - Overview
1 .1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the
City will use to promote the health, safety, and general welfare of the residents who live in
the City of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of
Eagle will strive:
a. To protect property rights and enhance property values.
c. To ensure that the economy of the City of Eagle and its AOI is protected and
enhanced.
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e. To avoid undue concentration of population and overcrowding of land.
Table 1.1 Distribution of Uses
Land Use % of total
Commercial 4%
Mixed Use 7%
Mixed Use Village 5%
Business/Tech 3%
Industrial 1%
Residential 75%
Parks/open space 5%
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look at the
requirements for establishing an expanded area of city impact. Under Idaho Code 967-
6526(b), the following three factors are paramount in establishing an area of city impact:
a. Trade Area: Trade area is the area that is needed to provide a city with an economic
base that supports the city. This economic base comprises not only the city limits and
the AOI but also includes the areas that surround a city and bring people into the city
for services. Historically, the City of Eagle has been directly associated with a large
trade area including properties extending north into Gem County and west into eastern
Canyon County. Further, ACHD traffic counts and the existing transportation
network support the claim of this area being within the City of Eagle's economic trade
area.
b. Geographic Boundaries: The Idaho Transportation Department (ITD) has released
plans to improve State Highway 16 from a two (2) lane roadway to at least a nine (9)
lane system (including right-of-way) in excess of one quarter (1/4) mile wide. This
creates an enormous and significant landmark or geographic boundary separating the
properties east of State Highway 16 from those on the western side. This new
transportation corridor will be a significant east-west barrier between Eagle and Star
that will create an impediment for pedestrians, bicyclists, youth and the elderly or
anyone unable to use motorized transportation. In addition, it is unlikely that property
owners east of the new highway corridor will feel identified with a city center that is
entirely cut off to the west. (See Map 1.1) Historically in Ada County, state highways
have been used as area of impact boundaries. For example, State Highway 44 forms
portions of the respective common boundaries between Boise and Garden City. State
Highway 55 forms portions of the respective common boundaries between Meridian
and Boise as well as Boise and Eagle. State Highway 20/26 forms a boundary
between Meridian and Eagle.
c. Annexation in the Future: At the time of this planning effort, the City of Eagle had
received numerous requests for annexation from properties reaching to the State
Highway 16 corridor and north into the Eagle Foothills. If these applications are
approved, Eagle's city limits would be bordered to the West by State Highway 16, to
the South by State Highway 20/26 and to the North into Boise and Gem County
substantiating the City's ability to annex throughout this area.
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1.3 The City of Eagle Vision Statement
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances growth with many of the
rural elements of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic groups;
f. an economically strong city, that fosters local businesses and clean industry;
h. a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle
outlined an extensive public visioning process to guide the plan. The visioning sessions
discussed potential growth areas and goals to guide the long term development of the City.
From these visioning sessions, the following four broad goals were identified for the
western AOI and the foothills:
a. Sustainability at build out: Ensure the ability for the city to continue to fund, improve
and support itself, including infrastructure and parks, without the use of building
permit fees, impact fees and zoning fees.
b. Identify "Activity Centers": Identify areas that, due to the nature of existing uses,
future uses and/or transportation corridors, will lend themselves to increased activity
and non-residential use to preserve larger areas as primarily residential
neighborhoods and sensitive areas as open space.
c. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the
function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
d. Increased Employment Opportunities: Identify areas that will provide significant
employment opportunities to the residents of the City of Eagle thereby allowing the
City to be a desirable place to live, work, and recreate.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City limits
and the negotiated Eagle Area of City Impact. The City acknowledges that the county
may not have all the tools and codes necessary to implement this plan and will, upon
transmittal and review, recommend to the county which county codes and appropriate
conditions should be implemented to best implement and meet the intent of the Eagle
Comprehensive Plan. It is the desire of the City of Eagle to have all urban development
that occurs in the Area of City Impact to be under the jurisdictional authority of the City
and connected to municipal services.
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Chapter 2 - Property Rights
2.4 Implementation Strategies
a. Land use development regulations should be designed to protect the health, safety
and welfare of the community, and to avoid any unnecessary conditions, delays and
costs.
b. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
c. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
d. All changes in the comprehensive plan and land use entitlement should be reviewed
in compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded play an
important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will affect the community. Service providers currently include:
b. The Eagle Sewer District which provides sewer service within a designated sewer
service area. Larger lot homes have wells and septic systems and must comply with
Central District Health Department requirements.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
The Eagle Sewer District (ESD) was established in 1963 as a public entity separate from
the City of Eagle. The ESD service area generally corresponds to the area within the
Eagle City limits. Extensions of the ESD service area are accomplished by actions of the
ESD Board of Directors, and for the most part match annexations to the City. However,
the extensions do not have to match annexations to the City either in location or in time.
It is the City of Eagle's policy to accommodate orderly and appropriate development at a
pace that does not unreasonably impede or burden the development process. Timely
extension of sewer service is an essential feature of orderly development. Hence, in the
future the City of Eagle will take an active interest in sewerage and wastewater issues.
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4.7.2 Sewer Goals
a. Ensure that Eagle Sewer District extends its wastewater collection system and expands
and upgrades its wastewater treatment and disposal facilities to keep pace with new
developments in the Area of City Impact & the Eagle Foothills.
b. Ensure that the ESD expands its sewerage and disposal facilities at a rate that will stay
ahead of and thus not impede orderly development as envisioned in other sections of
this Comprehensive Plan.
Chapter 5 - Economic Development
5.3 Economic Development Goals
Ensure the ability for the City to continue to fund, improve and support itself, including
infrastructure, without the use of building permit fees, impact fees and zoning fees.
Identify areas that will provide significant employment opportunities to the residents of the
City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate.
Identify areas that, due to the nature of existing uses, future uses and/or transportation
corridors, will lend themselves to increased business activity and nonresidential use so as
to preserve larger areas as primarily residential neighborhoods.
Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
5.5 Economic Development Implementation Strategies
f. Seek new commercial development that will complement the Central Business District
and Eagle's rural residential identity to locate adjacent to but outsid,e the Central
Business District.
h. Promote additional employment opportunities and expand the economic base by:
1. Encouraging growth and expansion of existing businesses and industry, and
2. Attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
l. Encourage the balancing of commercial uses throughout the City, the western
planning area, and the Foothills Ito avoid overloading key intersections and individual
planning areas.
J. Enforce the sizing and scaling of commercial and mixed use areas as
the land use chapter.
k. Encourage the interconnectivity of residential and nonresidential areas within the
western planning area, and the Foothills to the existing CBD and greenbelt system.
specified in
1. Discourage isolated or strip commercial uses.
m. Promote and recruit additional employment opportunities that allow Eagle residents to
live and work within the City of Eagle.
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Chapter 6 - Land Use
Table 6.1
Mix of Uses (including Foothills)
II Commercial.
Mixed Use,
Business. &
Industrial
. Residential
300/0
80/0
o Parks/open
space
6.4 Land Use Goals
b. Ensure the ability for the city to continue to fund, improve and support itself
(including infrastructure) without the use of building permit fees, impact fees and
zoning fees.
c. Identify areas that, due to the nature of eXIstmg uses, anticipated uses, and/or
transportation corridors, wiIllend themselves to increased activity and non-residential
use while preserving larger areas as residential neighborhoods.
d. Preserve the function of regionaIly significant roadways transecting the City while
ensuring compatibility with land uses and design standards of the City.
e. Identify areas that wiIl provide significant employment opportunities to the residents
of the City of Eagle, thereby supporting the City as a desirable place to live, work, and
recreate.
6.6 Land Use Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, filre, recreational areas, highways and transportation
systems.
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single-family attached, manufactured homes, affordable and
subsidized housing and large-acreage developments.
d. Discourage strip commercial type development.
e. Signage for non-residential uses should be incorporated as a master sign plan rather
than individual signs when located along State Highways and entry corridors.
r. Consider annexing any parcels of land all owed to be annexed by Idaho Code 50-222.
v. Maintain a Future Land Use Map that encourages higher densities around activity
centers and transit routes but also provides for large residential areas that continue to
promote the rural character of the City of Eagle. (See Map 6.1 & 6.2)
w. Use smaIler planning areas to help guide development in the western planning area.
(See Map 6.3)
x. Limit non-residential uses to designated areas, with scaling and intensity paramount to
the approval of these uses.
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y. Require design treatments to provide compatibility of new development with existing
development by considering such issues as building orientation, increased setbacks,
height limitations, size restrictions, design requirements, fencing, landscaping or other
methods as determined through the development review process.
z. Subject to all commercial and subdivision development within the City to Design
Review.
aa. Discourage the creation of single use commercial and office districts.
bb. Encourage the development of districts that serve a variety of uses.
cc. Discourage mid-block commercial development along arterial and collectors unless it
is specified in the plan.
NOTE: The Eagle City Council approved through Resolution 09-19 the 2009 Comprehensive Plan
with the Rim View Planning area text incorporated below.
6.8 Land Use Sub Areas
6.8.7 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have
been developed as one-acre and five-acre lots through the Ada County development process.
The future land uses in the area are predicated on Linder Road being the only Eagle city river
crossing between Eagle Road and Star Road, the need to buffer and preserve the existing
residential developments, and the need to provide commercial opportunities along the regional
transportation corridors south of the Boise River. Because of the alignment of the State
Highway 16 crossing moving further to Ithe west (to McDermott), no clear funding option or
timeline for the SH 16 crossing, and recent changes in nearby city limit boundaries (Meridian),
the previously planned regional commercial area at Black Cat no longer is a viable location for
the City of Eagle.
A. Uses
The land use and development policies specific to the Rim View Planning Area include the
following:
1. A forty acre commercial area located at the northeast comer of the intersection of Chinden
Boulevard and Linder Road is to be designed and developed as a unit. This commercial
area is intended to serve the Eagle community as a gateway into town before crossing the
nver.
2. Areas designated as Transitional Residential should have a residential density of up to
1 unit per acre. Units may be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential use~ and the commercial and
office uses located at Linder Road and Chinden.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting
open space and recreation areas located in the Rim View Area. The patio homes and
townhouses may be located near the commercial area.
B. Access
1. Access to the area should focus on new internal linkages.
2. Primary access should be on Linder Road with limited access onto Chinden Boulevard
only in accordance with ITD's access management policies. All accesses should be
designed to allow_traffic to flow through the area connecting Meridian Road to Linder
Road may provide the opportunity otfuture east/west residential collector linkage within
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the planning area. Cross-access and local stub streets should be used to allow the
planning area to be interconnected without the need to access the arterial and state
highway network.
3. Internal and interconnected circulation should be used to move traffic within the non-
residential area, helping to mitigate the number of local vehicle trips entering State
Highway 20/26 to access commerciall/services use along Linder Road.
4. Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks to
prevent the encroachment of abutting uses into future corridor improvements. This would
protect the viability of the regional Itransportation corridor as well as buffer the abutting
uses from the impacts of the corridor.
C. Design
1. This area is recognized as a gateway to the City of Eagle, to be integrated with
appropriate landscaping, entry features, and place-making features in the design of the
area.
2. Design of this area should be compalible to the existing residential and recreational uses
currently present in the area.
3. Design of commercial and office uses should be compatible with the existing residential
uses and contain significant landscaped buffers to reduce impacts and appealing building
design elements to promote a cohesive character. Commercial development should
provide for pedestrian linkages to the residential areas adjacent to the site. (See
Illustration 6.5)
4. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk
and planting strip adjacent to the back of curb~ further solidifying the purpose and
character of the gateway corridor of Chinden Boulevard.
5. Signage for all non-residential uses should be designed to be consistent and
complimentary, with place-making being the primary objective and identification of uses
being secondary.
6. Non-residential areas should be designed with features and materials intended to
compliment and buffer residential uses and to avoid creating a tunnel or wall effect along
the backside of the large buildings.
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D. Issues
1. One of the main concerns in the development of this area is the ability to properly balance
the commercial uses with residential uses. New uses should be designed in a manner that
provides a cohesive transition between the commercial and residential uses, incorporating
elements that will provide a common and complimentary identity between the two.
2. Considering the large amount of undeveloped or underdeveloped land within the planning
area, each proposed project should be evaluated for the potential to provide linkages and
connectivity to adjacent parcels. This is necessary to establish a functioning local and
collector roadway system to supports the regionally significant roadways at the south and
west of this area.
3. As this area develops, consideration should be made of the transitory uses that have been
approved by Ada County which may be nearing their end.
Chapter 8 - Transportation
8.2 Street Classifications
A roadway system must include a number of streets, each of which are designated to
handle a particular type and amount of traffic. The Community Planning Association
(COMPASS) Functional Street Classification Map illustrates the various classifications of
roadways that are included in the Ada County roadway system. The Eagle section of the
COMPASS Functional Street Classification Map and Regional Transportation Plan should
consider the City of Eagle Transportation/Pathway Network Maps #1 and #2.
. Principal arterials provide major circulation and movement through urban areas and
to connect with major activity centers and freeways outside the City of Eagle.
Principal arterials are regional roadways and provide travel routes for longer trips. On-
street parking is prohibited.
. Residential Collector streets intercept traffic from local streets and minor numbers of
abutting parcels and carry the traffic to a standard collector or arterial street.
Residential collectors typically extend less than one-half mile in length. Residential
collectors may provide access to local streets, multi-family developments or planned
unit developments. On-street parking may be permitted under special circumstances.
8.2.1 Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major circulation and movement
through urban areas and to connect with major activity centers and freeways. A principal
arterial may serve motorized and non-motorized transportation needs and may include up
to seven vehicular traffic lanes. On-street parking is prohibited.
Access Function:
Access from other roadways is controlled and subordinate to traffic on the principal
arterial street. Direct lot access is prohibited or severely restricted. Combined access
points are encouraged. The City's Access Management Plan should be the final
determination of any site access plan.
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Right-of-Way:
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.2.4 Residential Collectors
Mobility Function:
The primary function of a residential collector street is to intercept traffic from local streets
and minor numbers of abutting parcels and carry the traffic to a collector or arterial street.
A secondary function is to service abutting property. The ACHD allowed length and
number of vehicle trips per day on residential collectors is less than collectors. The
residential collector street may serve motorized and non-motorized transportation needs,
and be designed with the minimum street section to accommodate the projected vehicle
volume. On-street parking may be prohibited.
Access Function:
To provide limited and controlled access to residential neighborhoods. Direct lot access is
typically restricted.
Right-of-Way
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.4 Roadway System Goals
Develop a transportation system to serve the planned land uses of the City of Eagle and its
Area of Impact. The transportation system should provide regional connectivity to
neighboring cities and regions.
Maintain the functional and connectivity of the street system for current users, emergency
response efforts, and for use by future generations.
U sing sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of developing
areas while lessening the potential for congestion. This is typically implemented through
the development review process.
Protect and buffer homes, businesses, sidewalks and pathways, parks and opens spaces
from the adverse impacts of roadways and traffic. Reasonable design measures should
include narrower street sections, medians, alleys, landscaping, pathways and trails, and the
design of bridges and other structures.
Develop an access management plan for the arterial, collector and local street system.
Communicate the access management plan to the ITD, the ACHD and the local
development community.
Protect and support the existing and planned roadway system connecting the City of Eagle
to the area south of the Boise River. Protect the operational integrity of the existing river
crossings at Eagle Road and Linder Road. Support the current regional plans to develop
two new river crossings in the SH-55 and SH-16 alignments.
Protect community identity and values of important roads from unnecessary expansion by
adopting specific designs and cross sections for these roads (ie: North Eagle Road).
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Public Transit Goals
Encourage the development of a local and regional public transit system. The public
transit system is to provide basic mobility for some, alternative transportation for others,
and a non-drive alone mode for everyone.
Optimize the effectiveness of public transit through supporting land use decisions.
Promote land use changes and redevelopment plans in key areas that provide densities and
activities that promote the use and efficiency of a public transit system.
Work regionally with COMPASS and Valleyride to plan for the potential of a regional rail
or bus rapid transit system. The SH-44, SH-16, SH-55 and US 20-26 corridors have the
greatest potential.
Coordinate with the Land Use Elements of the Comprehensive Plan to establish potential
transit nodes in the future transit corridors.
8.6.1 Roadway Strategies
a) Work in conjunction with the Ada County Highway District (ACHD), Idaho
Transportation Department (ITD), and Community Planning Association
(COMPASS) to classify roadways on the City of Eagle Transportation/Pathway
Network Maps #1, #2, #3 incorporated into this Comprehensive Plan by reference.
The Maps are to assure conformity to designations as delineated on the Land Use
Map. The maps shall be provided to the Community Planning Association for input
into the Community Planning Association's Functional Street Classification Map and
Regional Transportation Plan.
c) The most recently adopted Regional Transportation Plan for Ada County of record is
adopted by reference as part of the City of Eagle Comprehensive Plan.
e) Integrate all modes of travel to reduce travel and support air quality improvement
measures.
g) Encourage roadway design standards and roadway classifications that are consistent
with the Idaho Transportation Department (ITD), Ada County Highway District
(ACHD), Community Planning Association COMPASS, and other agencies that may
be responsible for roadway planning and design.
i) Evaluate the impact to the City of all roadway improvements and roadway extensions.
k) Work regionally to integrate the pathway system with the ongoing planning and design
efforts for the SH-44, SH-16, SH-55 and US 20-26 corridors.
8.6.2 Specific Design Strategies
c) Support the access restriction policies of the Ada County Highway District and the
Idaho Transportation Department at a minimum. The access restrictions shall be
based upon the most stringent future use of the roadway. Temporary accesses may be
considered in areas with a developing regional roadway network.
d) Limit access to all arterial streets.
e) Discourage direct lot access to parcels abutting arterial and collector streets.
g) Develop methods, such as cross-access agreements, frontage and backage roads, to
reduce the number of existing access points onto arterial streets.
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j) Encourage planning of local roadway systems that will provide for intra-neighborhood
connectivity. The connecting roadways should be designed to not become collectors
and to discourage traffic from cultting through neighborhoods to go from a collector or
arterial to another collector or arterial. Such intra-neighborhood connectivity is for
emergency and delivery vehicles and for local intra-neighborhood access.
I) Work with Ada County Highway District, local developers and neighborhoods in the
operation of a local traffic-calming policy that balances the needs of the roadway, the
drivers, pedestrians, bicyclists, and the traveling public.
m) A collector street system shall be pursued within each square mile of development
adequate to serve the density of development. Special requirements may be
considered in the rural and Foothills development areas or other places where
topographic constraints or low traffic volumes limit the need for the mid-mile
collector road system. Suggestions shall be forwarded to ACHD for long range
planning purposes.
n) Develop grid systems at commercially zoned arterial intersections, where feasible, in
order to support increased traffic.
8.6.3 Transit Strategies
a) Encourage park and ride lots within the City and Impact Area as development occurs
or as part of a major corridor plan. The SH-44, SH-16, SH-55 and US 20-26 corridors
have the greatest potential. Impacts to existing or planned neighborhoods should be
considered.
b) Coordinate with ACHD and the regional transit authority to encourage the
development of transit system amenities (shelters, bus turnouts, etc.) with the any
major activity centers along major arterial corridors and in others areas as the need
develops.
c) Encourage the development of transit system amenities (shelters, bus turnouts, etc.)
within the Village Center, along major arterial corridors and in others areas as the
need develops.
e) Develop transit supportive corridors along SH-44, SH-16, SH-55 and US 20-26.
8.6.4 Pathway Strategies
a) Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
Maps #1, #2, #3, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
8.6.5 Land Use and Parking Strategies
e) Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance
safety, provide noise attenuation and to enrich the roadway or community appearance.
Special considerations may be required for Foothills developments.
g) When reviewing land use amendments, zone changes, master plans, conditional uses
and other significant entitlement requests, take into consideration the impact of the
project on street levels of service. The City's preferred standards shall be those
identified for new streets in ACHD's Development Policy manual, or its successor.
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Service level impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
I) New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
8.6.6 Multi-purpose Strategies
a) Ensure that transportation and regional transit improvements are constructed or funded
in coordination with land developments. This may be accomplished with direct
funding, extraordinary impact fees, local option sales tax and other funding
arrangements.
Chapter 12 - Community Design
12.1 Vision
Over the next 20 years, the City of Eagle is forecasted to experience high growth rates that
without proper management and planning will impact the quality of life and housing
options available to its residents. Rather than ignore the growth pressures that are
currently shaping most Treasure Valley communities, the City of Eagle is looking at
options that will embrace housing alternatives and transit density but will also preserve the
rural nature of the City.
Community design is the organized fashion in which a community is developed in order
that a general mood or theme is established and maintained. Elements of the Eagle
community design include: (a) a rural transitional community with a shopping district
functioning as the hub of the community; (b) the Boise River and its floodplain with
wildlife, trees, and recreation opportunities; (c) the rolling hills north of the river; and, (d)
a network of canals and natural waterways which crisscross the community.
12.2 Goals
Protecting the City's character: Strive to create an aesthetically pleasing community and
protect the unique natural beauty and small town character of the City.
Maintaining a functioning City at build out: Ensure that the City can continue to fund,
improve and support itself, including its infrastructure and parks, at build-out when
building permit fees, impact fees and zoning fees are no longer available.
Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 & 44):
Preserve the function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
Identifying "Activity Centers": Identify areas that, due to the nature of existing uses,
future uses and/or transportation conridors, will lend themselves to increased activity and
non-residential use and will therefore allow the City to preserve larger areas as primarily
residential neighborhoods.
12.3 Objectives
Enhance the appearance of the City's entry corridors. Design review procedures should
guide future development and redevelopment of existing uses. Depending on land uses
and buildings, more extensive landscaping and fewer points of access may be required.
The design review process will enable the City to address the special features of each
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property and facility in a manner that will best address the overall intent of enhancing
Eagle's entryways. Eagle's entrance corridors may take on the look of landscaped berms
like those built adjacent to the Banbury and Lexington Hills Subdivisions.
Create a clearly identifiable community.
12.4 Implementation Strategies
a. Establish and maintain development patterns and design criteria in keeping with the
rural transitional identity of Eagle.
g. Include in the City Design Review Ordinance criteria for building design,
landscaping, signage and other aesthetic standards. Development along State Street
within the Impact Area and outside the City limits shall be encouraged to comply with
the Design Review Ordinance.
h. Reject any development that would establish or tend to establish another City center
outside of the Central Business District.
I. Discourage excessively large single entity businesses that would jeopardize the
competitive business environment.
J. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
1. Develop buffer and transition zones between conflicting types of land use.
m. Develop ordinances that will establish the Urban Service Planning Area as the prime
urban development area of the City and Area of City Impact. Development should be
allowed in the area on the condition that sewer and domestic water facilities would be
provided to such development as described by the Water Supply and Sewer Policies of
the Public Services Facilities and Utilities section of this Comprehensive Plan.
r. Encourage the development of a strong community identity through urban design
standards, downtown revitalization, cultural activities, and visual gateways to the City.
u. Protect and enhance the small town character of the City by requiring signage which is
creative and distinctive, compatible with its surroundings, and an integral component
of the style and character of the building to which it relates.
w. Create a City composed of neighborhoods in which basic amenities (schools, utilities,
parks, and services) are accessible, visually pleasing, and properly integrated to
encourage walking and cycling.
x. Ensure that all commercial uses are designed to be compatible with, and context
sensitive to, residential uses and environmentally sensitive areas.
Provide increased residential density along the State Highway 44 and State Highway
20/26 corridors when accompanied by alternative access plans.
z. Ensure that commercial development is scaled appropriately to the intended regional,
community and neighborhood use.
aa. Limit non-residential uses to designated areas and make scaling and intensity of use
paramount criteria during the review and approval process.
bb. Ensure that gateways are properly delineated and incorporated into development
through the use of approved landscaping, entry markers and place making features.
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dd. State Highway 44, State Highway 55, State Highway 20/26, State Highway 16 and the
proposed east west collector are designed as scenic corridors requiring landscaped
setback and separated meanderings sidewalks, modified standards may be necessary
within the Eagle Foothills.
Illustration 12.1
Berming along Eagle: Road (State Highway 55)
ff. Recognize the following gateways:
1. Chinden Boulevard and Linder Road
n. Establish a policy requiring annexation or a consent to annexation by the City of Eagle
prior to development within the Eagle area of city impact.
kk. Require all non-transmission utility distribution within the City of Eagle to be
installed underground.
11. Require that all urban development shall occur under the jurisdictional authority of the
City and shall be connected to municipal services.
Illustration 12.2
Gateway Markers
Chapter 13 - Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result III a need for comprehensive plan
amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan. The
City Councilor any group or person may petition the City Planning and Zoning
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Commission for a plan amendment at any time. On its own initiative, the City Planning
and Zoning Commission may also originate an amendment to the Comprehensive Plan.
However, the City Planning and Zoning Commission may recommend amendments to the
Comprehensive Plan to the City Council not more frequently than every six (6) months;
however text amendments may be recommended at any time.
13.6 Goal
The Eagle Comprehensive Plan and related ordinances are working documents used by
citizens and City leaders to shape the future of Eagle.
13.7 Implementation Strategies
a. Charge the Planning and Zoning Commission to be responsible to review the status of
the implementation actions and critique the relevance of the Comprehensive Plan,
including recommending any amendments to City Council on an as-needed basis.
b. Require any person applying for a Comprehensive Plan amendment to submit a
justification letter for the amendment which letter shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being made in
the Plan.
4. A description of the public benefit(s) that would occur from such a change in the
Plan and an explanation of why the public would need any such benefit(s).
5. An explanation of why no other solutions to the condition or situation which
warrants a change in the Plan are possible or reasonable under the current policies
of the Plan.
6. A proposed development plan for any land involved if a specific development is
planned at the time the request for the amendment is being made.
7. An analysis showing the estimated impact that the proposed change is expected to
have on existing and planned infrastructure.
8. Any other data and information required by the City for their evaluation of the
request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to
any lot line of a residential district; except that the minimum yard requirements may be reduced to
fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the
council is provided. Such screening shall be a masonry or solid fence between four (4) and eight
feet (8') in height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than
twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs
not less than four feet (4') in height at the time of planting.
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. Eagle City Code, Section 8-10-1 (A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a condition
of rezoning. Development agreements allow a specific project with a specific use to be developed
on property in an area that is not appropriate for all uses allowed or conditional in the requested
zone.
C. DISCUSSION:
Subject Property Proposed Comprehensive Plan Amendments
. Since the 2004 adoption of the Western Area Plan, the City of Meridian has annexed and or
comprehensively planned for nearly 1,100 acres of land within the Eagle's area of impact. These
actions represent the removal of 9.6% of the City's non-residential uses today, including the foothills.
See "History of Relevant Actions" on page 2-3 of this staff report.
. The applicant is requesting a change in the comprehensive plan land use map designation from
approximately 79-acres of Public/Semi-Public and 5-acres of Transitional Residential to Mixed Use to
allow for the development of both commercial and residential uses. With this format, the Transitional
Residential element of the property will remain mostly intact with commercial uses located along
Chinden Boulevard and residential uses located north and adjacent to existing residential
neighborhoods.
. Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3)) within the
2000 Comprehensive Plan the Applicant must show, "the condition or situation which warrants a
change being made in the plan." In the July 27, 2009 (revised), justification letter provided by the
applicant, date stamped by the City on July 29, 2009, the applicant recognizes that the parcel directly
west of this site has been designated commercial and the subject site will, "include the transitional
component of Mixed Use necessary to buffer the existing residential and create opportunities for
neighborhood business and supplemental commercial." While this scenario has its merits, does it
qualify as a specific "condition or situation" that would necessitate a change to the plan? The
applicant states, "The reality of economics and sustainability has led the City to recognize the planned
community must include components of land use that provide the greatest diversity, job opportunities
and homes while protecting the lifestyles of those who have made Eagle their home. We see that
between 2000-2006 Eagle experienced 50% growth. In 2007, the City completed a full scale review of
Economic Stability for future growth of the City. That study pointed out that the city could not sustain
itself with only large lot development. The decision was made to become sustainable instead of just a
bedroom community." Obviously, a city needs to have a mix of components (residential, commercial,
sense of community) to be a thriving and self-sustaining entity. Yet recognition of a desired change is
not a "warrant" nor is change for change sake necessarily a situation or consideration that is
appropriate for the subject area.
Needless to say, the reality is the area around the intersection of Chinden Boulevard and Linder Road
is in the throes of change - intensive change. The applicant alludes to this as stated in the justification
letter, "This site is not limited to the confined boundaries of Eagle's Area of Impact or influence of just
Eagle." As of August 12, 2008, the Idaho Transportation Department had: received an access permit
application, reviewed a traffic impact study(s) (TIS), or reviewed a land use plan for proposed
development on all of the comers around the intersection. They are summarized as follows:
. Northwest comer: Knight Sky consisting of approximately 150,000 sJ. commercial, 75,000 sJ.
office, and 125 residential units on approximately 58-acres
. Southwest comer: Knight Hill consisting of approximately 39,000 s.f. commercial, 21,000 s.f.
office on approximately 10-acres
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. Southeast comer: DMG Real Estate consisting of approximately 700,000 s.f. commercial, 98
residential units on approximately 80-acres
. Northeast corner: Eagle Island Market Place consisting of approximately 362,000 sJ. commercial
on approximately 39-acres
Combined, these proposed projects represent approximately 1,347 ,OOO-square feet of non-residential
(commercial, office) and when considered with the Wilson property (280,000 s.f. of non-residential)
totals 1,627,000-square feet (on 21S-acres). For a comparison, the south side of Fairview Avenue on
both sides of Eagle Road has approximately 1,000,000-square feet of built commercial (an additional
1,000,000-square feet is slated for the north side of Fairview). As a side note, for perspective, the
Linder/Chinden intersection will need to be the same size as the Fairview/Eagle intersection is today,
even without development occurring in the area.
Another comparison is the Treasure Valley Marketplace, a 600,000 square foot development located
generalIy on the northeast comer of Karcher Road and 1-84. On the opposing side of the interstate,
and located approximately 1/2-mile away, is the Karcher Mall complete with associated satellite uses.
According to information on a flyer (dated 4/1/08) prepared by Thornton Oliver Keller and obtained
from their website, the Treasure Valley Marketplace has a trade population of 235,542; no geographic
radius for the center was represented on the flyer.
However, it may be considered that in order to make the best of the situation at hand (a parcel located
adjacent to a regional arterial, adjacent propelties approved or planned for commercial uses) a
development that is transitory in format would better suit not only the subject property but the existing
and planned residential uses to the north and east as well. With development looming on all four
comers of the ChindenILinder intersection, the City will need to mitigate to the furthest extent possible
the effects of this development. Staff considers lthe subject property a transitional site, with uses and
form (design) fading from the regional center located on the comer of Chinden and Linder to the
residential areas located to the north and east. This site is most appropriate to be termed "Limited
Service Commercial" which is defined in the Eaglle Comprehensive Plan as:
"Uses that accommodate retail sales and services for the daily self sufficiency of local
communities, ensuring that the intensity of limited commercial development is compatible with the
character of the area with special concern to adjacent residential uses."
While the City does not have a district labeled "Limited Service Commercial", the Mixed Use zoning
district will accommodate the types of uses that are referenced above. Staff believes that because the
40-acre parcel on the northeast comer of Chinden and Linder (regional center) already holds a size and
intensity that nears the public's threshold for commercial development; there is no compelIing reason
to continue that format further east onto this site, especialIy considering the City of Meridian's
planning of the three remaining comers of Chinden and Linder. There is however a persuasive reason
to have "support" uses in the form of small retail, office, and service uses to not only complement the
regional center uses but to also benefit existing residential units as well as the new units that will be
constructed nearby. Typically, these "support" uses occupy buildings that run in the range of 5,000 to
20,000 square feet in size, orbiting around larger buildings in the 60,000 to 80,000 (or larger) range.
This scenario is or will be evident as the Eagle Island Market Place (EIMP) develops on the property
located to the west of this site: a larger building consisting of 187,000 square feet with smaller satelIite
buildings proposed to be developed with sizes ranging from approximately 5,400 to 30,000 square-
feet.
Further, as properties to the east develop, with predominantly residential uses, there requires a certain
limitation on form and intensity to impart both a continuous appearance and character of design and
setting as well as to act as a buffering mechanism for those non-commercial uses.
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Staff recognizes that there is a condition or situation that may be construed as a warrant to change the
Comprehensive Plan: intensive commercial development on the horizon at all comers of the
intersection of Chinden and Linder. If residential were the sole use on the Wilson property, the sudden
change from "big box" retail to a residential use would not well-serve the area; the delineation between
uses would be abruptly apparent wherein the goal is to progressively transition uses from one to
another. The visual character of the area should be designed through scale, intensity, and form to
create structures and settings that are in harmony with existing and planned development in the vicinity
of the site. The question of how to mitigate the condition and situation is described in the sections
below.
. Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) the Applicant
must provide "An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". The July 27,
2009 (revised), justification letter provided by the applicant, date stamped by the City on July 29,
2009, does not explain why there is no other "solution" to the condition or situation that necessitates a
change to the plan. Yet it does seem that the appl icant alludes to a solution based upon a premise that
because it is feasible it must be desirable, expressing this idea merely through the proposed square
footage and uses rather than through a plan or "course of action". This Hobson's Choice (accept the
only option offered or none at all) of the matter is not a solution and does not justify the proposed use.
Given the limited information, therefore, we must consider the applicant's proposal as their solution,
and now must assess whether the solution is viable. In this vein, the development comparisons in the
section above are presented as an attempt to evaluate and address current market conditions and
commercial absorption. While the applicant provided a "Market Square Footage/Absorption" letter
from Bob Mitchell of Thornton Oliver Keller (date stamped by the City on July 7, 2009), staff did not
believe the analysis was sufficient to assess whether the Wilson property is capable of supporting
280,000 square-feet of non-residential uses or, for that matter, the ChindenILinder area supporting 1.5-
million plus square-feet. Staff used data from a demographic forecast prepared by COMPASS to
create a rudimentary assessment to establish a trade area with a population of 235,000, similar to the
Treasure Valley Marketplace asserted trade area demographics. To draw this many people to the
1,627,000-square foot ChindenILinder development area, the geographic zone would need to include
all of Eagle, Star, Meridian, Garden City, the north foothills, the West Bench Area of Boise,
Middleton, and beyond since this area reaches a population of only 199,930 people, based on the 2010
forecast. The 2030 estimate for this same area is 300,253. Of course this is a rudimentary assessment
but the point is again, there is no evidence to support otherwise. Yet taking a common sense approach
and making comparisons to other areas that have been developed in a similar manner as proposed
herein, it would seem that appropriate conditions are not quite present. This simple assessment does
not consider the commercial square-footage that exists in the general vicinity, which will certainly
dilute the trade area necessary for this development zone. Staff's conclusion led to the request that the
applicant provide a more detailed report, which was subsequently submitted and titled "Wilson
Properties - Market Analysis - Foxtail" by ROIC analytics, LLC (July 2009), date stamped by the City
on August 13, 2009 (attached). This "chain store analysis" stated, in part, the following:
o "Eagle & Fairview and the Eagle Road Corridor are regional draws, with major retailers
and numerous dining options. Meridian and Eagle are typical of burgeoning downtown
areas with both chain retail serving the neighborhood and specialty retail and unique
restaurant options that serve the neighboring residents as well as individuals doing
business or seeking entertainment in the area. Chinden and Linder is more characteristic
of a neighborhood center, with most dollars coming from the surrounding neighborhoods.
Attracting brands such as Whole Foods, Trader Joes, or Cabela's could allow this location
to pull much further than the primary and secondary trade area, but it would likely be a
different shopping trip than would be typical of a visit to the retail areas along Eagle Road.
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Whether Chinden & Linder has only tenants that are neighborhood-based or of a regional
nature, neither type of retail mix should significantly impact the central business district
(CBD) in Eagle. Eagle residents already travel to national retailers in the Eagle Road
corridor, Meridian and Boise and shifting their buying patterns to Chinden & Linder
would not take away dollars currently being spent in Eagle's CBD." (page 19)
o "Below (chart within study) is an estimate of retail square footage for the general vicinity
of the site, encompassing the intersection of Chinden and Linder. This analysis attempts
to place tenant classes with the highest opportunity followed by those categories with
moderate opportunity, using typical configurations of tenants for similar retail properties.
As there are numerous possible configurations for these properties, the results should be
viewed as a rough estimate for high-level planning purposes. This analysis in no way
guarantees that the intersection (~an support the retail indicated nor makes any
claims to retailer success or failure at this site." (emphasis added) (page 18)
While not meant to create doubt or to be critical about the report, it undoubtedly speaks to the
uncertainty of predicting retail success and moreover, is reflective of the vagueness of this entire
proposal (application). The quandary is that while the report did speak to the site in particular; which
is necessary (of course) it did not provide the needed information, that is, of the market conditions of
the surrounding areas - "The Bigger Picture". While the site must be able to stand on its own, it must
also be able to stand among other developments so that it will be viable now and in the future.
Subsequently, the City requested a peer review of the ROIC report by a third party, Dr. Don Reading
of Ben Johnson Associates, who prepared a report entitled "Analysis of 'Market Analysis: Foxtail'
ROIC analytics, LLC (July 2009)". Some of the statements from this report include:
o "One can certainly argue that once the economy recovers, the Treasure Valley will grow
more rapidly than it has in the past few years. Given current economic conditions,
however, it is unlikely that the recovery will come soon enough and be strong enough to
attract the population necessary to support the retail and office development indicated in
the ROIC Report by the year 2015." (page 3)
The Reading report references various proximate areas (to the subject site) and their current month-
supply of office and retail space, or the amount of time needed to fill vacant space. For example,
Eagle has a 50-month supply of retail and a 60-month supply of office; West Boise has supplies of 60-
months and 40-months for retail and office, respectively. Speaking to this subject, the report states:
o "This vacant retail and office space, already constructed and on the market, wiIl compete
for tenants within ROIC's defined trade areas. At a minimum, it means that the demand
for retail and office space in the Chinden and Linder trade area will be pushed out beyond
the 2010 and 2015 time frames." (page 5)
o "Along with proposed developments on the other three comers, the Foxtail property would
support 1.6 million SF of office and retail space according to the ROIC Report. This is in
addition to other proposed retail developments and current vacant space elsewhere in the
Secondary Trade Area. These numbers are not supported by a realistic population
projection between now and 2015, nor by potential competition from other developments
and vacant office and retail space." (page 7)
o "On the one hand, there is sufficient office and commercial development already planned
to serve the population of the area for many years to come. Therefore non-commercial
development of the property may be a better fit within the City's existing Comprehensive
Plan and the vision of what it wants Eagle to be as the City matures. On the other hand,
given the prime location, the property may weIl attract retailers before other planned
locations." (page 7)
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Staff is not debating the differences between the studies, rather it is the scale and intensity that is the
issue - the type of retail and how much.
In staff's analysis, the leasable square footage proposed for the site creates a scenario that has not been
justified to serve this area. Further, the proposed development of the property remains in a raw form -
there is nothing to "hang a hat on" in order to appropriately measure the intensity of the proposal.
How is the applicant's proposed 280,000 square feet of non-residential uses appropriate for this area?
Repeatedly, it has been stated by the applicant that they have no "specific" plans, yet a commercial
designation that allows intensive uses of a regional nature is certainly the objective. The preference is
to allow the market to drive the development, which in many instances makes sense; in the long and
short land uses are in a state of flux. And yet this is all too wide open to be able to justify; without
solid dimensions and intensities, how may the proposal be deemed appropriate? How may the City
place appropriate "safeguards" to allow any development on the site? The City needs a clear concept
of the development in order to mitigate impacts (to residents, traffic and roadways, community
cohesion, and aesthetics, etc.) and assess whether the commercial uses and sizes are in line with what
the City believes is appropriate for the area. Considering the prospective development adjacent to this
site, the most appropriate measure to fall back on is one that is similar to the "neighborhood center"
concept as explained in the Comprehensive Plan and briefly described below:
o Approximately 40 to 60 acres in size and allow up to 150,000 square-feet of leasable (non-
residential) space or 2,500 to 3,750 square-feet per acre (limited by terrain, access,
surrounding uses, etc.); may have residential densities of up to 6 to 10 units per acre.
o Integrate a combination of uses including office, retail, and residential
o Located at collector and arterial intersections
o Are to be sized and scaled, clustered and massed to be compatible with surrounding
single-family uses and to add interest and character
o Normally open-air shopping areas with buildings oriented to streets or central plazas to
encourage pedestrian scaling and neighborhood feel
Based upon previous public participation processes regarding the Comprehensive Plan, the threshold
of a regional commercial center lies between 250,000 and 450,000 square-feet. Combining EIMP at
366,000 square-feet with 70,000 to 105,000 square-feet for the Wilson property the community
tolerance is met or exceeded; the regional commercial center has been staked with EIMP. Therefore,
surmising the information provided above, and that included within the two market analyses
referenced herein, the site should be limited to the type of development and square footage as
calculated below:
A Neighborhood Center comprised of between 70,000 and 105,000 square-feet with no single
building to exceed 7,500 to 10,000 square feet in size.
With the lack of information, the City will need to prescribe the appropriate level and breadth of
development. This must be couched with the objective to dissuade any negative impacts upon the
vitality of the Eagle Downtown. It appears that the majority of the types of retailers that would
frequent the subject intersection typically would not locate in the downtown, either because a
downtown is not their "natural" setting, there may be established competition, or there may not be the
appropriate sized land form to accommodate their needs. It would then seem that most of the
competition with the downtown would come from restaurants and specialty shops, those that typically
take advantage of the traditional storefront and pedestrian oriented streetscapes typical of a downtown.
And yet, in an effort to promote smart growth practices and convenience for residents, commercial and
employment activity must be located within close proximity of residential areas. In this instance, form
is clearly the more dominant factor in determining where businesses locate and, that being the case, the
downtown and a mixed-use neighborhood, while both highly desirable, offer two distinct
environments. This is a policy decision the City will need to carefully weigh; clearly a balance
between commercial uses in the downtown and outlying areas will be necessary. Again, consideration
may be given to allowing a small-scale mixed use development that is complimentary and cohesive
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with existing and planned commercial and residential lands in the subject area.
. Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) the Applicant
must identify "the public benefit that would occur from such a change in the plan." The July 27, 2009
(revised), justification letter provided by the applicant, date stamped by the City on July 29, 2009, lists
numerous statements that the applicant considers benefits, such as:
o Well-planned community that encourages diversity in housing opportunities/fosters economic
vitality.
o Current congestion will be helped by Eagle Island Marketplace's commitment to providing
improvements to ChindenILinder intersection
o Capture vehicle trips providing shorter travel time and greater convenience
o Help build Eagle's economic base by providing 400 new jobs
As briefly mentioned previously, the project may provide an opportunity to mitigate the intensity of the
development that is occurring south and west of the subject property, perhaps acting as a buffer to
existing properties north and east. This does not justify the subject site being developed at the same or
even greater intensity as those planned before it. While the applicant's stated benefits would also
contribute to the City as a whole, achieving the goal of transition in form, use, and intensity would
better serve the project vicinity.
This concept was employed when the City planned the ChindenIBlack Cat area to create a mix of uses
combining regional commercial, retail, and transitional density residential uses. The vision for that
area was to capitalize on the unique topography along the rim while recognizing the need to provide
regional commercial opportunities along Chinden Boulevard. But these commercial activities were
limited to 40-acres; office and light retail were to serve as a buffer between commercial and residential
uses; residential lot sizes transitioning from Yz to 1 acre, with smaller lots adjacent to office areas and
larger adjacent to existing residential.
When the City reviewed its "make-up" of commercial and residential lands, the plan was set in place
to address abundances and shortcomings, and areas were subsequently designated for build-out.
Considering the changes at the Black Cat and Chinden intersection and to maintain the balance that
was desired, the ChindenILinder area was/is considered appropriate for a more intensive use than
previously planned while not significantly changing the prescribed residential/non-residential ratio of
the City as a whole. And now we are faced with additional commercial proposed not only on the
subject site but on the surrounding lands as well - how does this disrupt the balance? It throws it
beyond the thresholds for intensity and size established by the public and their involvement in the plan.
When the 40-acre Black Cat planning "format" was moved and approved for Linder, it did not mean
that the surrounding properties were appropriate and ripe for intensive commercial of the same mold.
It meant that transition of form and use was going to be, and is, necessary to limit the impacts to
surrounding properties AND to meet the overall objectives of the plan.
Traffic Analvsis
. For background, a memo to COMPASS from Parametrix (dated November 14, 2008), refers to the
"Traffic Analysis Technical Memorandum", an analysis incorporated in the US 20/26 Corridor
Preservation Study that included data relative to the ChindenILinder intersection. In 2005, approach
traffic volumes on Chinden were 14,000 vehiclles per day (vpd) while Linder had 6,500 vpd; the
intersection operates at a Level of Service (LOS) D. In the year 2030, approach volumes will reach
48,000 vpd and 19,000 vpd respectively which will result in a LOS of E using a conventional
signalized intersection (a "diamond" interchange would result in an LOS of C). See below for other
information.
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According to the Idaho Transportation Department, the Chinden and Linder intersection is now no. 5
on the High Accident Location list for District III; the previous year it was at no. 9. The Ada County
website lists traffic counts on Chinden west of Linder Road at 20,666 vtd (8/21/07) and 19,214 vtd
(6/18/09) east of Linder Road, and on Linder Road south of Chinden at 7,781 vtd and north at 9,442
vtd (10/08/2008).
. The applicant has submitted a traffic study dated October 29, 2008, and a revised study dated January
16,2009, prepared by Thompson Traffic and Civil. Study addendums dated April 6, 2009, April 14,
2009, April 21, 2009, and a revised April 21, 2009, dated June 3,2009 (date stamped by the City on
May 27, 2009, April 27 2009, and June 3, 2009, respectively) have been submitted and principally
relate to the effects of residential development of the Yorgason property located east of the Wilson
property. A timeline of these iterations, prepared by Thompson Traffic and Civil, is attached to the
staff report; copies of the traffic study have been provided to ITD, ACHD. The following conclusions
of the report are presented as a summary with effort made to not present the report out of context; a full
report is attached to the staff report:
o The Wilson property is assumed to generate 8,804 vpd, based on 280,000 square-feet of
non-residential, 40 single-family residential units, and 64 multi-family units - this number
will fluctuate slight depending on the mix of residential uses; the site is limited to 128
residential units due to sewer capacity. (January 16, 2009, report)
o The Yorgason property, to be developed residentially, is assumed to generate 2,651 vpd,
based on a proposed density of 2.5 units per acre (275-units). Because the site is limited
to 257-units due to sewer capacity, this number may be assumed to be slightly less (2,460
vpd). (April 21, 2009 letter, revised June 3, 2009)
o The intersections of ChindenILinder, Chinden/Meridian, and ChindenIFox Run all
currently operate at an acceptable LOS and under future background conditions for the
build out year (2015) will all operate at LOS F. Improvements for each intersection will
be necessary to reach an acceptable LOS for the build out year. The Communities in
Motion Regional Long Range Plan 2030 recommends expansion of Chinden (Hwy 20/26)
to four lanes. None of the proposed improvements are budgeted or scheduled for
construction by ITD in the next 5 years.
o As noted in the letter dated July 7, 2009 (date stamped by the City on July 8, 2009),
prepared by Thompson Traffic and Civil, the applicant believes that the use of the existing
access (currently serving the golf course) as the main access into the development is the
best option for access when considering "(i) the efforts we have made to improved
interconnectivity and local circulation in the northeast quadrant (intersection of
ChindenILinder), (ii) the interconnectivity limitations of adjacent properties, and (iii) our
traffic report that shows our proposed access solution works with the planned development
and road improvements in the ChindenILinder area."
To say the least, access to the site remains a moving target at this point in time. Ideally, access could be
accommodated at a signal, such as an access road through to the signalized intersection at Fox Run, or, as
initially proposed, moving the current signal to the west to the Y2-mile point between Linder and Meridian
roads. Also, initial discussions had been aimed at a shared access at the common property line with the
EIMP project to the west of this site (approximately the % mile point). The applicant now intends to
utilize the existing access initially approved for the low-volume golf course to continue as the main access
for the proposed commercial development and intensification of this access must be approved by ITD at
the time the redevelopment occurs. There are multiple concerns and impacts with either of these scenarios,
both with developers and more so with residents and the public in general. As such, there has been
resistance by one party or another when anyone of the accesses is discussed. It is important to note there
remains the opportunity to adequately facilitate an access that respects the concerns (mostly) of the parties
involved (EIMP, Wilson Properties, Foxtail residents, the City, and ITD). With the potential to takep
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advantage of multiple connections to the site, it wouId behoove the applicant to work with the neighbors,
ITD, and the City to provide internal circulation roads to serve this area while utilizing limited access
points to State Highway 20/26.
Regardless of the final determination on access, the applicant must work with surrounding property owners
to provide adequate, safe, and efficient circulation throughout the adjoining parcels. It is imperative that
internal linkages are established that, in the northern section of the area, are predominantly pedestrian
oriented with indirect vehicle linkages designed to accommodate local trips and prohibit cut-through traffic
between commercial and residential sections. In the southern area the objective is to provide cross access
among parcels to eliminate the need for customers and residents to enter the arterial system only to re-enter
a development a few feet away. And finaIly, the location of a shared driveway at the common property
line with EIMP must remain a consideration.
COMPREHENSIVE PLAN PROPOSED TEXT AMENDMENTS
The applicant has submitted the foIlowing language to amend the text of the Comprehensive Plan, with
underlined text proposed to be added and strikethrough text proposed to be deleted by the applicant. City
Staff's comments appear in italicized text.
6.3.16 Public/Semi Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways,
schools, cemeteries, and public service facilities such as government offices. Support activities may also
be permitted. A parcel or assembly of parcels 75 or more acres that has at least lOOO-feet of frontage on a
principal arterial and that is immediately adiacent to a parcel holding a commercial designation may be
developed as all owed in the mixed use designation.
AIl development within this land use is encouraged to be designed to accommodate the different needs,
interests, and age levels of residents in matters concerning both recreation and civil activities. Where
mixed uses are aIlowed, development is encouraged to be designed to buffer and complement adjacent
land uses and ensure compatibility of new development with existing and future development designations
as set forth in the Comprehensive Plan Map.
The public/semi public land use designation is not a residential land use designation, except where mixed
uses are aIlowed. When a project or development is designed that contains or is adjacent to land holding a
public/semi public land use this land will not be included when calculating the allowable residential
density. Projects that hold a residential designation that want to provide amenities similar to those all owed
in the public/semi public designation may transfer density within the development only when using the
standards established in the Planned Unit Development as defined in the comprehensive plan.
These changes are not necessary nor are they warranted. If the proposed changes were made, the intent
and vision of Public/Semipublic land use designation would cease to exist; it would merely become a
mixed use designation. Staff does not recommend any change to this section of the Plan.
6.8.7 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have been
developed as one-acre and five-acre lots through the Ada County development process. The future land
uses in the area are predicated on Linder Road being the only Eagle city river crossing between Eagle Road
and Star Road, and the need to buffer and preserve the existing residential developments, and the need to
provide commercial opportunities for a regional commercial center along the regional transportation
corridors south of the Boise River. Because of the alignment of the State Highway 16 moving further to
the west (to McDermott), no clear funding option or tlmeline for the SH 16 crossing, and recent changes in
nearby city limit boundaries (Meridian), the previously planned regional commercial area at Black Cat no
longer is a viable location for the City of Eagle.
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This proposed change is too broad; it seems to imply that a regional commercial center is appropriate
along the entire corridor (of Chinden Boulevard). Moreover the emphasis changes from recognizing the
importance of the corridor as functioning as a regional transportation conduit. Staff believes the
language as written in the Comprehensive Plan remains appropriate for defining the area and thus no
changes to this section are recommended.
a. Uses
The land use and development policies specific to the Rim View Planning Area include the
following:
1. A forty acre commercial area located at the northeast comer of the intersection of Chinden
Boulevard and Linder Road is to be designed and developed as a unit. This commercial area
is intended to serve the Eagle community as a gateway into town before crossing the river. The
approximately 85-acre area immediately east of the commercial area (i.e., the 80-acre parcel
immediately east of the commercial area and the 5-acre parcel at the northwest comer of Fox
Run Ave and Chinden Blvd.) shall be permitted to develop as allowed in the mixed use
designation. It is anticipated that an approximately forty acre area immediately north of the
commercial area also will be developed as allowed in the mixed use designation. Accordingly,
the site plan of the commercial area should be cohesive with the prospect of mixed use
development on the adjacent abutting parcels.
The Comprehensive Plan should not be construed as the mechanism to grant an entitlement to
a property; the Plan is the establishment of policy (intent) while the zoning designation of a
site determines the type of development; that is, zoning is the execution of policy. It is
necessary to modify the proposed language to show the vision of the area but not to grant the
property a particular right; this may be afforded through a development agreement and as
such, Staff does not recommend any changes to this section of the Plan.
2. Areas designated as Transitional Residential should have a an average residential density of up
to -l--l:ItHt 2.5-units per acre. Units may ~lould be clustered to provide for transitional lot sizes
to ensure compatibility of new residential uses to existing residential uses and the commercial
and office uses located at Linder Road and Chinden.
The term "average" may be considered appropriate in this instance in order to facilitate the
clustering and higher density residential that may be more appropriate adjacent to
commercial uses, and to accommodate an appropriate transitioning of lot sizes. The density
will be limited due to available sewer capacity.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting open
space and recreation areas located in the Rim View Area. The patio homes and townhouses
may be located near the commercial area.
b. Access
Access to the area should focus on new internal linkages that allow adiacent parcels to provide
pedestrian and vehicle connectivity into the Rim View Planning Area. Concur
Primary access should be on Linder Road with limited access onto and Chinden Boulevard eHly in
accordance with ITD's access management policies. All accesses should be designed to allow
traffic to flow through the area connecting Meridian Road to Linder Road may provide the
opportunity ofJuture east/west residential collector linkage within the planning area. Cross-access
and local stub streets should be used to allow the planning area to be interconnected without the
need to access the arterial and state highway network.
Disagree. Nothing in the planning of this area, as well as the 20/26 corridor has changed to not
have limited access to the roadway.
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Internal and interconnected circulation should be used to move traffic within the non-residential
area, helping to mitigate the number of local vehicle trips entering State Highway 20/26 and
Linder to access commercial and mixed use/services use aloNg Linder Road and create cross-
access into adioin properties. Concur
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set by ITD
and the City of Eagle to prevent the encroachment of abutting uses into future corridor
improvements. This would protect the viability of the regional transportation corridor as well as
buffer the abutting uses from the impacts of the corridor. Concur.
c. Design
This area is recognized as a gateway to the City of Eagle, to be integrated with appropriate
landscaping, entry features, and place-making features in the design of the area.
Design of this area should be compatible to the existing residential and recreational uses currently
present in the area and future mixed uses. Concur
Design of commercial and office uses should be compatible with the existing residential uses and
contain significant landscaped buffers to reduce impacts and appealing building design elements to
promote a cohesive character. Commercial development should provide for vehicle and pedestrian
linkages to the mixed use and residential areas adjacent to the site.
Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and
planting strip adjacent to the back of curb, further solidifying the purpose and character of the
gateway corridor of Chinden Boulevard.
Signage for all non-residential uses should be designed to be consistent and complimentary, with
place-making being the primary objective and identification of uses being secondary.
Non-residential areas should be designed with features and materials intended to compliment and
buffer residential uses and to avoid creating a tunnel or wall effect along the backside of the large
buildings.
d. Issues
One of the main concerns in the development of this area is the ability to properly balance and
buffer the commercial uses with existing residential uses. New mixed uses should be designed in
a manner that provides a cohesive transitilon and connectivity between the commercial and
residential uses, incorporating elements that will provide a common and complimentary identity
between the two such uses. Concur
Considering the large amount of undeveloped or underdeveloped land within the planning area,
each proposed project should be evaluated for the potential to provide linkages and connectivity to
adjacent parcels. This is necessary to establish a functioning local and collector roadway system to
supports the regionally significant roadways at the south and west of this area.
As this area develops, consideration should be made of the transitory non-farm uses that have been
approved by Ada County which may be nearing the expiration on the open space restrictions~
well as the conversion of existing semi-public commercial uses to mixed uses.
Redundant; no change necessary
ANNEXA TION AND REZONE
The applicant has submitted proposed conditions of development to be considered in a development
agreement for this site. These conditions were submitted with the premise that a preannexation
development agreement would be necessary since the subject property was not contiguous to the Eagle
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City limits. This application is now being considered in conjunction with another application that, if
approved for annexation, would provide a path of annexation to the Foxtail property; any conditions
approved with this application would apply regardless.
The applicant has submitted the following conditions of development to be included within a development
agreement (dated 8.26.09)*. Please see staff's comments and recommended revisions under the
heading "STAFF RECOMMENDATION REGARDING THE ANNEXATION AND REZONE"
* Note - On February 22, 2010, the applicant, City Attorney and City Staff provided revised Conditions of
Development which are shown below Council Decision Regarding the Annexation and Rezone (page 44).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted
to limit the use of the Property for a golf course, including present and future appurtenant operations (e.g.,
driving range, retail and restaurant sales in its clubhouse, golf lessons, social events, etc.). Further, nothing
sha1l be construed or interpreted as limiting or preventing the Applicant from securing and using
entitlement permits for additional golf course related structures, improvements or operations.
3.2 Nothing in this Agreement shall require Applicant to fulfi1l its pre-development obligations with
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section 3.4 below); provided, however, Applicant sha1l not be entitled to pursue
development of any Use Area pursuant to this Agreement until its pre-development obligations with
respect to such Use Area have been completed.
3.3 All future development of the Property shall be genera1ly consistent with the Concept Plan (as
amended from time to time); provided, however, it is the intent of this Agreement to a1low flexibility at the
time a detailed plan and platting are submitted to Eagle so long as the general intent of the Concept Plan
and the requirements set forth in this Agreement are met. The Concept Plan is not a fixed development
plan but only Applicant's current concept for the future development of the Property. Eagle understands
that Applicant does not have a particular project in mind at this time, so the Concept Plan only represents
Applicant's best guess of appropriate future development for the Property once it is no longer feasible or
desirable to operate a golf course on the Property. Further, Eagle understands that a number of factors may
make it convenient or desirable to change the Concept Plan from time to time, including, but not limited to,
development of adjacent properties, location of/restrictions on access to Chinden Boulevard, locations of
roads to adjacent properties, and market conditions. Accordingly, if the Applicant finds it convenient or
desirable to change the Concept Plan in the future, Eagle sha1l give any proposed changes from Applicant
fair consideration. If Eagle reasonably determines that any proposal requires public comment due to
potential impacts on surrounding property or the community, Eagle may hold public hearings on such
proposal as then provided by Eagle City Code.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be subject
to the following use, size and/or density limitations:
3.4.1 For the "MU-DA (Commercial) Use Area" indicated on the Concept Plan, the permitted
uses shall be a1l those that are permitted or conditional uses identified under the Mixed Use
District in the Commercial section of Eagle City Code 8-2-3 except for the following uses which
are prohibited:
. Ambulance Services
. Cemetery
. Circuses and Carnivals
. Drive in Theater
. Hospital
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. Kennel
. Mortuary
. Nursing/Convalescent Home
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
. Computer Store
. Book Store
. Restaurants (including drive Ithru)
. Banks/financial institutions (iincluding drive thru)
. Specialty food stores (not greater than 25,000 sq. ft. of floor area)
. Specialty retailers
. Fitness centers
. Sporting goods stores
. Entertainment centers (i.e., movies, games, miniature golf, etc.)
. Home improvement stores
. Furniture stores
. Retail pharmacies
. Garden centers as secondary use to primary retailer
. Theater
. Feed/seed retail
3.4.2 For the "MU-DA (Neighborhood Business) Use Area" indicated on the Concept Plan,
the permitted uses shall be limited to the following; provided, however, additional uses may be
permitted if a modification to this Agreement is approved by Eagle:
. Artist Studios
. Banks/financial institutions (including drive thru)
. Bars
. Beauty/barber shop
. Bicycle Shops
. Catering service
. Child Care Center
. Daycare Center
. Commercial Entertainment Facility (indoor)
. Communication facilities (with conditional use)
. Drugstore
. Christmas Tree Sales
. Church
. Clinic (medical or dental)
. Club or Lodge
. Coffee/bakery shops
. Convenience store with fuel service
. Electronic sales, service or repair shop
. Fitness Centers and Spas
. Food and beverage services
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. Health clubs, spas, weight reduction salons
. Home and business services
. Nursery, plant materials
. Office, business and professional
. Personal improvement
. Personal services
. Personal wireless facilities (height 35 feet or less)
. Photographic studio
. Printing and/or blueprinting
. Professional services/activities
. Restaurant (with drive thru)
. Retail sales (general, pharmacies and medical)
. Specialty Stores
. Storage (enclosed building)
. Travel services
. Veterinary Clinic/Domestic Animal Retail (no non-medical boarding)
The MU-DA (Neighborhood Business) Use Area shall be limited to 70,000 square feet of enclosed
building area (i.e., enclosed with walls and roof), with no single building greater than 40,000
square feet in enclosed building area and no structure abutting Chinden Boulevard to exceed
20,000 square feet of enclosed building area. Applicant shall endeavor to locate the above
permitted uses in accordance with the target use areas as depicted on the Concept Plan.
3.5 The "Residential Use Area" consists of appmximately 51.8 acres (inclusive of open space). The
maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per acre with a
maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential uses in the
Residential Use Area shall not require a conditional use permit. Multi-family developments shall be
subject to Design Review approval. All open space requirements shall be met pursuant to Eagle City Code
8-6-5-2. Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian
connectivity throughout the site. The Residential Use Area shall emphasize transitioning with multi-family
and/or patio home dwellings adjacent to non-residential development and single-family dwellings located
adjacent to existing residential uses. Minimum Lot sizes and Setbacks shall comply with the following for
each area as depicted on the Concept Plan:
3.5.1 For the Residential Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and multi-family dwellings as follows:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
5,000 square feet
15 feet to living area /20 feet to garage
15 feet*
5 feet*
15 feet*
* All multi-family dwelling buildings shall be located a minimum of 20-feet from adjacent dwellings.
3.5.2 For the Residential Use Areas designated "Up to Three Units per Acre", the permitted
uses include single-family dwellings and two.-family dwellings* as follows:
Minimum Lot Size:
Front Setback:
Rear Setback:
10,000 square feet
20 feet
20 feet
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Side Setback:
Street Side Setback:
5 feet (additional 2.5 feet per story)
20 feet
*Two-family dwellings may only be permitted in areas directly adjacent to two-family dwellings and multi-
family dwellings located within the "Up to 8 Units per Acre" area.
3.5.3 For the Residential Use Areas Designated "Up to Two Units per Acre", the permitted
uses include single-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
17,000 square feet
25 feet
20 feet
7.5 feet (additional 5 feet per story)
20 feet.
3.5.4 For the Residential Areas Designated "One Unit per Acre", the permitted uses include
single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet*
30 feet
30 feet
15 feet
30 feet
*
Lots adjacent to the boundaries of the Foxtail Subdivision, Sandy Court and Winward River
Heights Subdivision shall not be less than 43,560 square feet in size
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use Area or MU-DA
(Neighborhood Business) Use Areas until Eagle approves the following pre-development obligations for
such use area:
3.6.1 Applicant shall develop and submilt a conceptual site plan ("Conceptual Site Plan")
outlining future phased developments. The Conceptual Site Plan shall be generally consistent with
the Concept Plan and shall illustrate the general locations of major improvements such as
buildings, parking areas, primary drive isles, outdoor plaza areas and perimeter landscaping. Upon
review and approval in accordance with the procedures identified in Section 7.1 (which shall occur
prior to the issuance of a zoning certificate or final plat approval in such use area), the Conceptual
Site Plan shall be attached hereto as Exhibit C-2 and become a part of this Agreement.
3.6.2 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall complement
landscaping, site design and architecture of the adjacent Eagle Island Marketplace development,
and shall be generally consistent with the design intent identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such
guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part of this Agreement.
3.6.3 Applicant shall develop and submit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
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landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shaH be generaHy consistent with the Conceptual Site Plan and
the design intent identified as Exhibit D. The conceptual plan shaH be reviewed and approved in
accordance with Design Review procedures set forth in the Eagle City Code prior to the issuance
of a zoning certificate or final plat approval in such use area. The final design of each plaza area
shaH be reviewed concurrently with the review of the associated commercial areas, and each plaza
area shaH be constructed concurrently with associated commercial areas.
3.6.4 Applicant shall develop and submit a master signage plan which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shaH include monument and waH sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code 9 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.5 Applicant shaIl provide for and include a cross access between aH commercial lots within
the development. The cross access agreement shaH be reviewed and approved by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate. The cross access
agreement shaH be executed and recorded prior to the issuance of a zoning certificate.
3.6.6 Applicant shaIl construct a minimum 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.7 Applicant shaH develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the MU-DA (Neighborhood Business) Use
Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to aH portions
of such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestrians traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. Tlhe conceptual plan shaH be generaHy consistent with
the Conceptual Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The final design of each feature area shall be reviewed concurrently with the review of the
associated commercial areas, and each feature area shall be constructed concurrently with
associated commercial areas.
3.7 Except as otherwise provided in this Agreement, aH future development of the Property shaH
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded.
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with aH applicable
Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non-residential buildings that are not the subject of a final plat application,
Applicant shaH provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided to Eagle from Eagle Sewer District.
3.9 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shaH record
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at least
the foHowing provisions:
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. An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities;
. Establishment of an architectural control board for all buildings prior to building permit;
. An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
Such CC&Rs shall be reviewed and approved by Eagle's city attorney for both form and content to assure
compliance with the conditions required herein prior to the submittal of any final plat application for the
portion of the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
golf course-related buildings), Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District and the
Idaho Transportation Department for such Use Area. The City supports the continued use of the existing
full commercial access to Chinden Boulevard, and therefore nothing herein shall be construed to require
Applicant to comply with any condition that requires the relocation, restriction or termination of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the locations and configurations as determined by the aforementioned entities
or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation for such dedications or improvements. Approval letters from these entities shall
be provided to the City prior to the issuance of a Certificate of Occupancy.
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting lthe roadways. The layout of such buildings shall be
generally consistent with the building layout of the adjacent Eagle Island Marketplace project. Drive aisles
should be designed and located to complement the design and layout of drive aisles in the adjacent Eagle
Island Marketplace project. All lots and buildings shall be configured to screen any and all loading areas
and trash enclosures from view as seen from residential uses or public roadways. Building placement shall
be designed such that parking areas are not concentrated between the buildings and Chinden Blvd. The
side of any buildings facing the roadways shall be provided with architectural design elements and
architectural relief, as may be approved by the Eagle Design Review Board.
3.12 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
accommodate future corridor widening.
3.13 The MU-DA (Neighborhood Business) Use Area and MU-DA (Commercial) Use Area are
expected to take access from the existing commercial access to Chinden Boulevard.
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular and pedestrian cross access approximately as shown on the Concept Plan. The opening and use
of such cross access requires a (i) mutually acceptable reciprocal easement agreement between the owners,
(ii) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study showing no adverse
impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road between
Linder Road and Meridian Road. Such road connection need not be a collector road unless required by
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ACHD and warranted by the anticipated traffic volumes.
3.16 The Applicant shall continue to work with the City of Eagle, ITD, ACHD and other property
owners in the northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity
with the goal of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17 The development shall include buffers pursuant to Eagle City Code 8-3-3 D for any commercial
uses located adjacent to any property with a residential zoning designation. All service areas (loading
bays, trash compactors, etc.) shaH be designed to lessen impacts (noise, glare, odors, etc) upon adjacent
residential uses. The storage of materials, packing supplies, and merchandise is prohibited within the
service-drive aisle and service areas. Tasteful displays of merchandise may be permitted outdoors if
approved through a development application.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the Property and if located near residential uses or a public way shall provide a minimum forty-
eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
Design styles exceeding the standard utilitarian look of a building with a drive-thru shall be required. The
City may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility
with adjacent uses.
3.19 The Applicant shall provide bus stops as may be required by the City of Eagle. The location and
placement of the stop(s) will be done in conjunction with other property owners at the US 20/26 and
Linder Road intersection, in cooperation with ITD, ACHD, Eagle, and the city of Meridian. Foxtail will
pay its fair share of reasonable costs proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm; all other operations of the
site shall comply with Eagle City Code Section 4-9.
3.21 All non-residential (commercial) mixed uses may be subject to reasonable dark-sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns that may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Fire District for all fire service/protection issues, unless annexed into the Eagle fire
district service area.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
COMPREHENSIVE PLAN:
Based upon the information provided to date, staff recommends approval of the comprehensive plan map
and text amendment as provided within the staff repOlt.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
ANNEXA TION AND REZONE:
Based upon the information provided to date, and the analysis contained within the staff report, staff
recommends approval of the annexation and rezone with the conditions to be placed within a development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 15,
2009. The Commission continued the item to July 13, 2009, at which time the applications were remanded
to staff. The applications were re-noticed and came before the Eagle Planning and Zoning Commission for
their consideration on October 26,2009. The Commission continued the item to November 16, 2009, at
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which time public testimony was taken, the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by three
(3) individuals (other than the applicant/representative) who felt that this development is a great
opportunity for the strategic growth of the City relative to the tax base and job growth; the need to protect
this "gateway" into the City from the encroachment of the City of Meridian; others expressed their
empathy to the Commission's difficult decision; the importance of traffic safety; the need to have a funding
system to provide necessary infrastructure; the importance of sustainability, mix of uses, and higher
densities; and the advantage of master planning multiple parcels.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by
eleven (11) individuals with concerns regarding increases in traffic and safety issues on heavily traveled
Chinden and Linder Road, as we1l as impacts on the intersection; increase in noise pollution; the size of the
commercial project is too big for the area and does not meet the intent of the comprehensive plan agreed
upon two years ago; the density is not appropriate for this area; the need to maintain the Comprehensive
Plan as it is currently written; the need to protect the existing neighborhoods; projected population growth
does not support the ROIC report findings; projected project build-out time frames are not realistic; claims
that the developer has not satisfactorily maintained contractual berming; the lack of consistent answers
from the developers; request to leave property as-is or purchase property for a city park; the need to buffer
commercial from residential; the need to have more conservative analysis of a project relative to financial
concerns; and developers should pay for their impacts to infrastructure.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and Zoning
Commission by one (1) individual who stated that the Idaho Transportation Department is not opposed to
moving the signal located at Fox Run and Chinden west to the V2-mile and that directing traffic to the
signal is more than a desire but a need to safely accommodate the amount of vehicle trips (600 vph) that
may be generated if the site went to "big" retail, a right-in/right-out access to Chinden is a challenge to ITD
- the access can work properly for entering vehicles if the internal circulation is designed to not hinder
traffic yet delays and potential conflicts wi1l be present for trips exiting.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals who felt that this development is a great opportunity for the strategic growth of the City
relative to the tax base and job growth; and the need to protect this "gateway" into the City from the
encroachment of the City of Meridian; and the dependency on this property being annexed to aid in
completing the Eagle Island Market Place west of this site.
COMMISSION DECISION REGARDING THE COMPR.EHENSIVE PLAN:
The Commission voted 4 to 0 to recommend approval of CPA-7-08 for a change to the land use designation
on the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as provided in their Findings of Fact
and Conclusions of Law document dated November 23, 2009.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
Commissioner Aizpitarte moved and Chairman Tanner seconded to recommend approval of A-05-08 and
RZ-II-08 for an annexation and rezone from RUT (Rural Urban Transition - Ada County Designation) to
MU-DA (Mixed Use with a Development Agreement). Commissioner Aizpitarte and Chairman Tanner
voted in favor of the motion and Commissioners Smith and Roehling voted against the motion.
Commissioner Villegas recused himself from action on this application. Since the vote resulted in a tie and
since no other motion was made, the tie vote resulted in a recommendation for denial.
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In his dissenting vote, Commissioner Smith felt that the project proposed via the development agreement
contradicts the quality of life expectations expressed through the Comprehensive Plan and by the residents
of the area. The development of property within or adjacent to existing neighborhoods is a matter of equity
and exchange - the neighbors have an understanding and high expectation of the goals for the area and the
developer has a high obligation to engage the neighbors to give consideration to these expectations. While
the applicant was very poised and presented the proposal well, there was not enough commitment on
behalf of the applicant to reasonably honor the concerns of the neighbors. Commissioner Smith concluded
that because there has not been an adequate exchange, i.e. benefit, for the loss that would be experienced
by the neighbors, he could not vote in favor of the development as proposed. In his dissenting vote,
Commissioner Roehling felt that the proposed annexation and zoning of Lot 1, Block 2 of Foxtail
Subdivision, a residential parcel, with the commercial portion of the proposed development would not be
consistent with the intended use and character of the parcel relative to the surrounding parcels.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on December 15, 2009, at which
time public testimony was taken and the public hearing was continued to January 12, 2010, to allow the
applicant time to meet with the adjacent neighbors. The public hearing was continued to February 9,2010,
and again to February 23, 2010, where additional limited testimony addressing neighbors concerns was
allowed and the hearing was closed. At this time the City Council s~heduled a mediation session for this
item on March 2, 2010, and continued the applications to March 9, 2010, at which time the Council made
their decision.
On February 23,2010, the City Council ordered mediation and, pursuant to Idaho Code 9 67-6510,
directed staff and Council representatives to mediate with the applicant and the affected neighbors and
bring potential changes to the Conditions of Development (to be placed in the development agreement)
back for Council consideration at the March 9, 2010, meeting. On March 2, 2010, a mediation session was
held between the applicant and the affected neighbors regarding the development. (See Mediation
Summary attached hereto and incorporated herein by reference as Exhibit A).
B. Oral testimony in favor of this proposal was presented to the City Council by three (3) individuals (other
than the applicant/representative) who felt that this development allows the city to expand its jurisdictional
boundaries; is a great opportunity for the strategic growth of the City relative to the tax base and job
growth; the need to protect this "Gateway" and the City from the encroachment of the City of Meridian;
the importance of sustainability, mix of uses, and higher densities; the developers know where these types
of developments need to be located, Eagle has required developers to design projects "correctly"; and
Eagle will have the opportunity to control the design of the site rather than another entity.
C. Oral testimony in opposition to this proposal was presented to the City Council, over the course of the
hearings, by ten (10) individuals with concerns regarding increases in traffic and safety issues on heavily
traveled Chinden and Linder Road, as well as impacts on the intersection; the safety and viability of a full
access on Chinden is questionable; the size of the commercial project is too big for the area and does not
meet the intent of the comprehensive plan agreed upon two years ago; the need to maintain the
Comprehensive Plan as it is currently written - the comprehensive plan has been changed three times
recently; the density is not appropriate for this area; the need to protect the existing neighborhoods and
maintain the rural feel; the project does not provide proper transition from the proposed development to the
existing uses; claims that the developer has not contacted or satisfactorily maintained communication with
neighbors; the lack of consistent answers from the developers; request to leave property as-is or City
purchase property for a city park; the need to buffer commercial from residential.
D. Written testimony in favor of the proposal was presented to the City Council by three (3) individuals who
are anxious to see the property annexed to allow further development of adjacent properties, the applicant
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has had successful business transactions in the past, and that if the proposal was not approved by Eagle
then the applicant could potentially move the project to one of the other three comers of the intersection of
Chinden and Linder.
E. Written testimony in opposition to this proposal was presented to the City Council by one (1) individual
who felt that certain proposed development conditions, relative to portions of the applicant's latest version
of the development agreement, are onerous and present unacceptable challenges to various agencies
outside the control of the City.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN:
The Council voted 3 to 1 (Grasser against) to approve CPA-7-08 for a change to the land use designation on
the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as follows, with underlined text to be
added by the Council and strikethrough text to be deleted by the Council:
6.8.7 Rim View Planning Area
A. Uses
The land use and development policies specific to the Rim View Planning Area include the following:
2. Areas designated as Transitional Residential should have a an average residential density of up to
-l--B-flit 2-units per acre. Units may should be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential uses and the commercial and office
uses located at Linder Road and Chinden.
B. Access
Access to the area should focus on new internal linkages that allow adiacent parcels to provide
pedestrian and vehicle connectivity into the Rim View Planning Area.
Primary access should be on Linder Road with limited access onto Chinden Boulevard only in
accordance with ITD's access management policies. All accesses should be designed to allow
traffic to flow through the area connecting Meridian Road to Linder Road may provide the
opportunity ofJuture east/west residential collector linkage within the planning area. Cross-access
and local stub streets should be used to allow the planning area to be interconnected without the
need to access the arterial and state highway network.
Internal and interconnected circulation should be used to move traffic within the non-residential
area, helping to mitigate the number of local vehicle trips entering State Highway 20/26 and
Linder to access commercial and mixed use/services use along Liflder Road and create cross-
access into adioining properties.
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set by ITD
and the City of Eagle to prevent the encroachment of abutting uses into future corridor
improvements. This would protect the viability of the regional transportation corridor as well as
buffer the abutting uses from the impacts of the corridor.
C. Design
This area is recognized as a gateway to the City of Eagle, to be integrated with appropriate
landscaping, entry features, and place-making features in the design of the area.
Design of this area should be compatible to the existing residential and recreational uses currently
present in the area and future mixed uses.
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Design of commercial and office uses should be compatible with the existing residential uses and
contain significant landscaped buffers to reduce impacts and appealing building design elements to
promote a cohesive character. Commercial development should provide for indirect vehicle
connections and for safe and effective pedestrian linkages to the mixed use and residential areas
adjacent to the site.
Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and
planting strip adjacent to the back of curb, further solidifying the purpose and character of the
gateway corridor of Chinden Boulevard.
Signage for alI non-residential uses should be designed to be consistent and complimentary, with
place-making being the primary objective and identification of uses being secondary.
Non-residential areas should be designed with features and materials intended to compliment and
buffer residential uses and to avoid creating a tunnel or wall effect along the backside of the large
buildings.
D. Issues
One of the main concerns in the development of this area is the ability to properly balance and
buffer the commercial uses with existing residential uses. New mixed uses should be designed in
a manner that provides a cohesive transition and connectivity between the commercial and
residential uses, incorporating elements that will provide a common and complimentary identity
between the two such uses.
Considering the large amount of undeveloped or underdeveloped land within the planning area,
each proposed project should be evaluated fm the potential to provide linkages and connectivity to
adjacent parcels. This is necessary to establish a functioning local and colIector roadway system to
supports the regionalIy significant roadways at the south and west of this area.
As this area develops, consideration should be made of the transitory non-farm uses that have been
approved by Ada County which may be nearing the expiration on the open space restrictions.
COUNCIL DECISION REGARDING THE ANNEXA nON AND REZONE:
The Council voted 3 to 1 (Grasser against) to approve A-05-08 and RZ-II-08 for an annexation and rezone
from RUT (Rural Urban Transition - Ada County Designation) to MU-DA (Mixed Use with a
Development Agreement) with the folIowing applicant proposed conditions of development to be placed
within a development agreement with underlined text to be added by the Council and strikethrough text to
be deleted by the Council:
2.1 ConditioFls PrecedeFlt to .^~F1nexatioFl. Applicant hereby consents to the annexation of the
entire Property by Eagle I:lpOFl the satisfactioFl or '.vaiver of the folImviFlg conditions precedent:
subiect to the folIowing:
2.1.1 :\ppliciIDt receives 'tvritteFl confirmatioFl from Eagle Se\ver District that saFlitary
sewer capacity sl:lfficieFlt for .\pplicant to fully develop the Property as permitted by this
.^~greement is available and reserved for .^~pplicaFlt's excll:lsive use;
2.1.2 .\pplicant receives final, irrevocable approval from Idaho TransportatioFl
Department for a fulI tl:lrn commercial access to ChiFldeFl BOl:llevard sl:lfficient for
.^~pplicaFlt to fully develop the Property as permitted by this .^.greemeFlt, '",hich access shall
be at the 10catioFl of the existiFlg full commercial access or such other 10catioFl accepted by
.^~pplicant in 'Nriting;
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2.1.~1 Concurrently with adoption of any annexation ordinance affecting the Property,
Eagle shall adopt an ordinance amending the Eagle Zoning Ordinance to zone the Property
to MU-DA (Mixed Use with Development Agreement) and specificalIy designates this
Agreement as the development agreement governing the Property; and
2.1.42. The Property is contiguous with Eagle's jurisdictional boundary.
Applicant shall promptly notify Eagle in writing when the conditions precedent set forth in
Sections 0 and 0 have been satisfied or waived. Upon receipt of Sl:1ch notice, Eagle shalI
take alI steps necessary to timely annex the Property into Eagle's corporate limits as set
forth in this Agreement, including, but not limited to, the concurrent publication of an
annexation ordinance and zoning ordinance as provided in Section 2.1.~1.
2.2 Term of .^.pplicant's Consent. .^.pplicant's conditional consent to annexation of the
Property set forth in SectioFl 0 shalI expire thirty six (36) mOFlths from the Effective Date.
If Eagle does not aFlnex aFld zone the Property as provided in this .^.greemeFlt ',vithin sl:1ch
thirty six (36) mOFlth period, this .^.greement and .^.pplicant's conseFlt to annexation shalI
expire. The above term may be extended by .^.pplicant, iFl .^.pplicant's sole and absolute
discretion, for any period of twelve (12) months or more by providiFlg written F10tice of
sl:1ch extension to Eagle aFld recording sl:1ch notice iFl the real property records of .^.da
County.
Applicant consents to annexation and rezone of the property upon
contiguity of the Property with Eagle's iurisdictional boundary within twelve (12) months
of the Effective Date. Applicant's consent to annexation and rezone of the Property shall
continue until annexation and rezoning occurs and the Applicant shalI not consent to
annexation to the City of Meridian while this agreement is in effect. In the event the City
does not complete the annexation and rezone within the timeframes twelve (12) months of
the Effective Date, this Agreement shalI terminate and shalI be nulI and void unless such
period of time is extended bv Applicant at Applicant's sole and absolute discretion by
providing Eagle notice of such twel ve (12) month extension period. Such extension of
time shall be for a minimum of twelve (12) months. Eagle shall take all steps necessary to
timelv annex and rezone the Property into the corporate limits of Eagle, including the
publication of an annexation zoning ordinance(s).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shalI be construed or interpreted
to limit the use of the Property for a golf course, including present and future appurtenant operations (e.g.,
driving range, retail and restaurant sales in its clubhouse, golf lessons, social events, etc.). Further, nothing
shalI be construed or interpreted as limiting or preventing the Applicant from securing~ and using
entitlement permits for additional golf course related s.tructures, improvements or operations.
3.2 Nothing in this Agreement shalI require Applicant to fulfill its pre-development obligations with
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section 3.6 below); provided, however, Applicant shalI not be entitled to pursue
development of any Use Area pursuant to this Agreement until its pre-development obligations with
respect to such Use Area have been completed.
3.3 Eagle hereby acknowledges that the bubble plan shown on the Concept Plan represents
Applicant's concept for the Property. AlI future development of the Property shalI be generalIy consistent
with the Concept Plan; provided, however, it is the intent of this Agreement to alIow flexibility in the
development of a detailed conceptual site plan ("Development Site Plan") and preliminary plat for the
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Property so long as the general intent of the Concept Plan and the conditions and limitations set forth in
this Agreement are met. Applicant shall submit a Development Site Plan outlining future phased
developments as a modification to this Agreement prior to or concurrent with a preliminary plat
application. The Development Site Plan shall provide more detail, including but not limited to, location of
roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and
residential areas, location of commercial buildings, parking areas, primary drive isles, outdoor plaza areas,
location and size of common areas and buffer areas. Eagle shaH hold necessary public hearings pursuant to
Eagle City Code notice requirements to address the Development Site Plan and any changes thereafter
proposed to said plan. Upon approval by Eagle, the Development Site Plan shall be attached hereto as
Exhibit C-2 and become a part of this Agreement.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shaH be subject
to the following use, size and/or density limitations:
3.4.1 For the "MU-DA (Commercial) Use Area" consisting of 23.4-acres as indicated on the
Concept Plan, the permitted uses shall be aH those that are permitted or conditional uses identified
under the Mixed Use District in Eagle City Code 8-2-3 except for the foHowing uses which are
prohibited:
. Cemetery
. Circuses and Carnivals
. Drive in Theater
. Kennel
. Mortuary
Restaurants with drive thru, which use is prohibited in Eagle City Code 8-2-3, shall be permitted
on not more than ten percent (10%) of the MU-DA (Commercial) Use Area (i.e., not to exceed
2.34-acres).
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shaH be allowed as permitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by available sewer capacity. The MU-DA
(Commercial) Use Area shaH be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shaH endeavor to locate the foHowing "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
. Computer Store
. Book Store
. Restaurants (including drive thru)
. Banks/financial institutions (including drive thru)
. Specialty food stores (not greater than 25,000 sq. ft. of floor area)
. Specialty retailers
. Fitness centers
. Sporting goods stores
. Entertainment centers (i.e., movies, games, miniature golf, etc.)
. Home improvement stores
. Furniture stores
. Retail pharmacies
. Garden centers as secondary use to primary retailer
. Theater
. Feed/seed retail
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3.4.2 For the "MU Df1 (Neigltberltec:uJ Business) Use :\rea" conslstmg of 5.2 acres as
indicated on the Concept Plan, the permitted uses shall be limited to the foHO\ving; provided,
hO\vever, additional uses may be permitted if a modification to this "^.greement is approved by
Bagle7
. Artist Studios
. Banks/finaflcial iflstitutions (iflcll:ldiflg drive thru)
. Bars
. Beautylbarber shop
. Bicycle Shops
. Catering service
. Child Care Center
. Daycare Center
. Commercial Entertaiflmeflt Facility (ifldoor)
. Communicatiofl facilities (with conditional use)
. Drugstore
. Christmas Tree Sales
. Church
. Clinic (medical or dental)
. Club or Lodge
. Coffee/bakery shops
. Convenience store with fuel service
. Electroflic sales, service or repair shop
. Fitness Centers and Spas
. Food and beverage ser,,'ices
. Health clubs, spas, ,veight reduction salons
. Home and business ser'/ices
. Nl:lrsery, plant materials
. Office, business afld professional
. Personal improvement
. Personal services
. Personal wireless facilities (height 35 feet or less)
. Photographic stl:ldio
. Printing and/or blueprinting
. Professional services/activities
. Restaurant
. Retail sales (gefleral, pharmacies aI'Id medical)
. Specialty Stores
. Storage (enclosed bl:lilding)
. Travel services
. Veterinary Clinic/Domestic l\nimal Retail (no non medical boarding)
The MU D"^. (Neighborhood Business) Use "'\rea shall be limited to 55,000 square feet of enclosed
buildiflg area (i.e., enclosed ',vith ',valls and roof), \vith no single buildiflg greater than 10,000
square feet ifl eflclosed buildiflg area afld no structure abutting Chifldefl Boule'/ard to exceed
20,000 square feet of enclosed buildiflg area. "^.pplicaflt shaH endeavor to locate the above
permitted uses in accordance ','/ith the target use areas as depicted Ofl the COflcept Plafl. "^.pplicaflt
acknowledges that certaifll:lses may be restricted by available sewer capacity.
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3.4.2 Applicant proposed that the 5.2 acre parcel designated Neighborhood Business Use Area
(indicated as "Neighborhood Business" on the Concept Plan attached hereto as Exhibit C-l) be
permitted up to 55,000 square feet of enclosed building area with a broad range of commercial
uses allowed as part of its overall transition planning, in addition to the commercial uses allowed
under Section 3.4.1 hereinabove. Eagle was not comfortable that such additional commercial uses
were appropriate for this area at this time. Therefore, Eagle determined that the 5.2 acre parcel
should be currently designated as a "Residential Use Area", consistent with the provisions of
Section 3.5, with the density and dwelling types as allowed under Section 3.5.1; provided that
Developer be provided the right for a possible future modification of this Development Agreement
through the ordinary Eagle process for Development Agreement Modification so that the
Applicant has another opportunity to demonstrate the appropriateness of Neighborhood Business
Use for this parcel. Eagle recognizes that some non-residential uses may well be appropriate for
this 5.2 acre parcel (such as, but not limited to, business and professional offices). Upon the
submission of an application for modification of this Development Agreement, Eagle shall
evaluate the appropriateness of allowing limited commercial uses on the 5.2 acre parcel.
Applicant shall provide the following information with such application: a specific site plan
providing details for the proposed development of the parcel, including location of roads, lot
layout and dimensional standards, setbacks. building locations, parking buffer areas and market
conditions. Notwithstanding the designation of the 5.2 acre parcel as Neighborhood Business on
the Concept Plan (C-l), the use of that parcel shall be governed by this section, and shall be
Residential Use until and unless this section is modified to allow different uses.
3.5 The "Residential Use Area" consists of approximately ~ 60.4 acres (inclusive of open space).
The maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per acre
with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential uses in the
Residential Use Area shall not require a conditional use permit. Multi-family developments shall be
subject to Design Review approval. Sidewalks and pathways shall be constructed in appropriate locations
to provide pedestrian connectivity throughout the site, which shall be reviewed by Eagle upon the
submittal of a preliminary plat application. The Residential Use Area shall emphasize transitioning with
multi-family and/or patio home dwellings (higher density) adjacent to non-residential development and
single-family dwellings (lower density) located adjacent to existing residential uses. The minimum
required open space shall be comprised of no less than 20% of the total gross land area of the residential
areas provided that those residential areas containing lots greater than 37,000 square feet in size shall be
excluded from the minimum open space calculations. Residential lots are encouraged to be clustered to
provide greater open space areas. Minimum lot sizes and setbacks shall comply with the following for
each area as depicted on the Concept Plan. Lot sizes shall be shown on the Development Site Plan. Any
proposed reduction in setbacks for lots proposed to be smaller than 5,000 square feet in size will require a
modification to this Agreement. Proposed setback reductions, if any, should be submitted concurrently
with submission of the Development Site Plan, and Eagle shall hold any necessary public hearings
pursuant to Eagle City Code notice requirements.
3.5.1 For the Residential Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and multi-family dwellings as follows:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
5,000 square feet
15 feet to living area /20 feet to garage
15 feet*
5 feet*
15 feet*
* All multi-family dwelling buildings shall be located a minimum of 20-feel from adjacent dwellings.
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3.5.2 For the Residential Use Areas designated "Up to Three Units per Acre", the permitted
uses include single-family dwellings and two-.family dwellings* as follows:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
10,000 square feet
20 feet
20 feet
5 feet (additional 2.5 feet per story)
20 feet
* Two-family dwellings may only be permitted in areas directly adjacent to two family dwellings and
multi-family dwellings located within the "Up to 8 Units per Acre" area.
3.5.3 For the Residential Use Areas designated "Up to Two Units per Acre", the permitted
uses include single-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
17,000 square feet
25 feet
20 feet
7.5 feet (additional 5 feet per story)
20 feet
3.5.4 For the Residential Use Areas designated "One Unit per Acre", the permitted uses
include single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet*
30 feet
30 feet
15 feet
30 feet
Lots adjacent to the boundaries of the Sandy Court and Winward River Heights
Subdivision shall not be less than 43,560 square feet in size. The minimum lot
size of lots adjacent to the west boundary of Foxtail Subdivision shall be 17,000
square feet, as Applicant is required to construct a lO-feet high berm along such
boundary.
*
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
operations set forth in Section 3.1 above, for any pOltion of the MU-DA (Commercial) Use Area or MU
D"^. (Neighborhood Business) Use "^.mas until Eagle approves the following pre-development obligations
for such use area:
3.6.1 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall complement
landscaping, site design and architecture of the adjacent Eagle Island Marketplace development,
and shall be generally consistent with the design intent identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such
guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part of this Agreement.
3.6.2 Applicant shall develop and submit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
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landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Development Site Plan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and approved
in accordance with Design Review procedures set forth in the Eagle City Code prior to the
issuance of a zoning certificate or final plat approval in such use area. The final design of each
plaza area shall be reviewed concurrently with the review of the associated commercial areas, and
each plaza area shall be constructed concurrently with associated commercial areas.
3.6.3 Applicant shall develop and submit a master signage plan which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wall sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code 9 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.4 Applicant shall provide for and include a cross access between all commercial lots within
the development. The cross access agreement shall be reviewed and approved by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate. The cross access
agreement shall be executed and recorded prior to the issuance of a zoning certificate.
3.6.5 Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.6 Applicant shall develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the MU Di^~ (Neighborhood Business) Use
i'\rea and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to all portions
of such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestrians traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. The conceptual plan shall be generally consistent with
the Development Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The final design of each feature area shall be reviewed concurrently with the review of the
associated commercial areas, and each feature area shall be constructed concurrently with
associated commercial areas.
3.7 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded. City and
Applicant recognize that having adequate sewer capacity for approved developments is critical to
sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant to the goals and objectives
set forth in Section 4.7 of the Eagle Comprehensive Plan, continue to monitor the capacity, planned
expansions and planned improvements of Eagle Sewer District in relation to the land use entitlements
approved by City.
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable
Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non-residential buildings that are not the subject of a final plat application,
Applicant shall provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided to Eagle from Eagle Sewer District.
3.9 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
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conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at least
the following provisions:
. An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities;
. Establishment of an architectural control board for all buildings consistent with approvals and
Eagle City Code prior to building permit;
. An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
golf course-related buildings), Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District
("ACHD") and the Idaho Transportation Department ("ITD") for such Use Area. In the design of these
improvements, consideration shall be given to US 20/26 corridor studies that have been completed and
applicable Access Management Plans that have been adopted. Eagle supports the continued use of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the locations and configurations as determined by the aforementioned entities
or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation from ACHD or ITD for such dedications or improvements required by ACHD
or lTD. Approval letters from these entities approving the design of the required improvements shall be
provided to Eagle prior to the issuance of a Building Permit.
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting the roadways consistent with Eagle City Code. The
layout of such buildings shall be generally consistent with the building layout of the adjacent Eagle Island
Marketplace project. Drive aisles should be designed and located to complement the design and layout of
drive aisles in the adjacent Eagle Island Marketplace project. All lots and buildings shall be configured to
screen any and all loading areas and trash enclosures from view as seen from residential uses or public
roadways. Building placement shall be designed such that parking areas are not concentrated between the
buildings and Chinden Blvd. The side of any buildings facing the roadways shall be provided with
architectural design elements and architectural relief, as may be approved by the Eagle Design Review
Board.
3.12 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
accommodate future corridor widening.
3.13 Internal roadways connecting between any residential and non-residential areas shall be designed
with traffic calming devices to reduce cut-through traffic, to create lower vehicle speeds, to act as a
delineator between dissimilar uses, and to ensure the safety of the pedestrian. Plans showing traffic
calming devices shall be submitted to Eagle and ACHD and/or ITD (pursuant to jurisdictional authority)
for review and approval in conjunction with any proposed development plans or preliminary plat,
whichever may be the case.
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular and pedestrian cross access approximately as shown on the Concept Plan. The opening and use
of such cross access requires a (i) mutually acceptable reciprocal easement agreement between the owners,
(ii) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study showing no adverse
impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road between
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Linder Road and Meridian Road. Such road connection shall be constructed to the roadway classification
and specification required by ACHD's Policy Manual for the anticipated traffic volumes. If a collector
road is required, front on housing shall be prohibited, with appropriate buffers incorporated along both
sides of the roadway.
3.16 Applicant shall continue to work with Eagle, ITD, ACHD and other property owners in the
northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity with the goal
of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17 Applicant shall construct a ten (10) foot high landscaped berm adjacent to the western boundary of
Foxtail Subdivision. Applicant shall be required to landscape the ten (10) foot high berm pursuant to
Eagle City Code Section 8-2A-7(J)(4)(c). The proposed landscape plan shall be reviewed and approved by
the Design Review Board prior to the approval of a final plat application for any development immediately
adjacent to Foxtail Subdivision.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the Property and if located near residential uses or a public way shall provide a minimum forty-
eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
Eagle may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility
with adjacent uses.
3.19 Applicant shall provide bus stops or other public transportation mode improvements as may be
required by Eagle or the State RT A. The location and placement of the improvements will be completed in
conjunction with other property owners at the US 20/26 and Linder Road intersection, in cooperation with
ITD, ACHD, Eagle, and the City of Meridian. Applicant will pay its fair share of reasonable costs
proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm, all other operations of the
site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-9, or as
thereafter amended.
3.21 All non-residential (commercial) mixed uses shall be subject to dark-sky lighting, or related
limitations in compliance with Eagle City Code, as it exists at the time such applications are made, to
address additional concerns that may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Fire District for all fire service/protection issues, unless annexed into the Eagle fire
district service area.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course (maintenance barn),
6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on November 14, 2008;
supplemental information was submitted since that time. The applicant continued to meet with neighbors
during the process to discuss development concerns.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in
the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 25, 2009. Notice of this public hearing was mailed to property owners within three-hundred feet
(300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on May 29, 2009. Requests for agencies' reviews were transmitted on April 30, 2009, in
accordance with the requirements of the Eagle City Code.
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On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff. Re-notice of
Pubic Hearing on the applications for the Eagle Planning and Zoning Commission was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City in the Idaho
Statesman on October 3, 2009, and in the Val1ey Times on October 5,2009. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 6, 2009. Re-notice of
Pubic Hearing on the applications for the Eagle Planning and Zoning Commission was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code in the Valley
Times on October 26, 2009. Notice of this public hearing was mailed to property owners within three-hundred
feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on October 27, 2009. The site was posted in accordance with the Eagle City Code on
November 3,2009.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30, 2009. Notice of
this public hearing was mailed to property owners within three hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November
25,2009. The site was posted in accordance with the Eagle City Code on December 2,2009.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan amendment
(CPA-07-08) and based upon the information provided concludes that the proposed comprehensive plan
amendment is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
Understanding that the Comprehensive Plan recognizes that both commercial and residential growth wil1 occur
in the Rim View Planning Area, the proposed commercial uses are more intensive than previously anticipated
at this intersection. However, utilizing the subject property as a mixed use development may provide adequate
and appropriate transitions necessary to mitigate impacts to the existing larger lot developments to the north
and east of this site.
Further, the sizing of commercial uses to mix with transitional residential uses is beneficial to the site by
limiting the need for residents to directly access Chinden Boulevard (Hwy 20/26), resulting in better internal
trip capture by situating residential uses within walking distance of commercial services. It is also beneficial to
require cross access and local roadway connections to the north and east to allow local trips to circulate north
of US 20/26, without having to enter onto the regional roadway network.
4. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone (A-05-08
& RZ-II-08) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided concluded that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map since
the proposed zone will al10w for a transitioning of both commercial and residential uses to mitigate
impacts upon existing residential uses from the existing commercial uses and the transportation
corridor (State Highway 20/26). The residential lot sizes wil1 transition from 5,000 square-feet to one
(1) acre (with smal1er lots adjacent to the commercial areas and larger adjacent to existing residential)
in size, which provides for a wel1-planned community that encourages diversity in housing
opportunities and fosters economic vitality.
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities exist, or are expected to be provided, to serve the uses
al10wed on this property under the proposed zone and conditions of the development agreement;
c. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT
(Rural-Urban Transition - Ada County designation) zone and land use (Winward Heights
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Subdivision) to the north since the applicant will be required to transition the intensity of uses and
residential density as well as develop parcels (Lots) that are to be a minimum of one (1) acre in size
adjacent to that area, and;
d. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT
(Rural-Urban Transition - Ada County designation), Rl (Residential - Ada County designation),
zones and land uses to the east since the applicant wiII be required to transition the intensity of uses
and residential density as well as construct a ten foot (10') high landscaped buffering berm and
develop parcels (Lots) that are to be a minimum of 17,000 square feet in size adjacent to Foxtail
Subdivision, and;
e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the RUT
(Rural-Urban Transition - Ada County designation) and Rl (Residential - Ada County designation)
zones and land use to the west since that area is approved to be developed with commercial uses in a
manner similar to those proposed within this development, and existing residential uses will be
compatible with the residential uses proposed with this development, and;
f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with Chinden
Boulevard (US 20/26) and the R-l (Up to one unit per acre one acre) zone and land uses to the south
since a development that is contains a mix of commercial and residential uses tends to capture a
portion of both internal trips and the passing vehicle trips, thereby alleviating some of the congestion
on the adjacent roadway system. In addition, the roadway improvements required with the
development of this property will also contribute to the better traffic-functions of the adjacent
roadways. The properties south of Chinden Boulevard, and located within the City of Meridian's Area
of Impact, are anticipated to be developed with uses in a manner similar to those approved with this
application and development agreement; andThe land proposed for rezone is not located within a
"Hazard Area" and "Special Area" as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone if the conditions of the
development agreement are fully executed.
5. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone with
development agreement (in lieu of a PUD) (A-05-08/RZ-I1-08) and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The proposed development is in the public interest, advances the general welfare of the community
and neighborhood, and wiII not be detrimental to the economic welfare of the community because;
The intent of the proposed development is to provide a mixed use development with a variety of
commercial uses and residential housing varieties which is a goal of the City of Eagle PUD ordinance.
The location of the residential units in relation to the commercial area wiII provide goods and services
easily accessible to residents, reduction in vehicle trips and a buffer between the proposed commercial
area and the existing residential subdivisions in the area.
b. The development be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and how such use will not
change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the proposed development to
be constructed on the adjacent property to the west (Eagle Island Market Place) and wiII be
appropriately buffered from Foxtail Subdivision to the east. The applicant is also required to provide a
transition utilizing lots a minimum of one (1) acre in size adjacent to Windward River Heights and
Bodily and Bunderson Springs Subdivisions to the north.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses because;
The development will take access from road to be provided from Linder Road (minor arterial) and
Meridian Road (urban collector), and is bordered on the south by State Highway 20/26 (principal
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arterial). The applicant is also required to provide appropriate buffering adjacent to Foxtail
Subdivision to the east.
d. The development does not involve uses, activities, processes, materials, equipment, and/or conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
This area is designated Mixed Use in the Comprehensive Plan therefore, the City encourages this style
of development for the area.
e. The development will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because;
All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
f. The development will not create excessive additional requirements at public cost for public facilities
and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, state transportation department or highway
district. Because the developer provides the services in the initial stages of development the public
service providers avoid potential liability and expenses.
g. The development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal because;
The applicant wilI be required to provide a mInImUm of twenty percent (20%) open space (as
conditioned herein) and additional lot transitioning and buffering adjacent to the existing subdivisions
in the area. The proposed development wilI also provide an opportunity for residents to live, work, and
play in the neighborhood.
h. The vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares because;
Access to the development will be from State Highway 20/26 (principal arterial) and from adjacent
properties as they are developed in the future. The development wiIl include stub streets to the adjacent
parcels of this development which wiIl provide intra-neighborhood connectivity upon further
development of said property. The design and construction of the roadways and entrances is guided by
the Ada County Highway District.
1. The development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
There are no known natural, scenic, Or historic features of major importance located on the site.
J. The proposed development wilI be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the plan calls for Mixed Use
and will provide a variety of uses to accommodate residents and the general public.
k. The proposed development will be harmonious with and in accordance with the general objectives or
with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in Eagle
City Code and satisfies those requirements as weIl as will be required to meet the conditions herein. In
addition, the applicant will be required to provide a detailed development plan prior to submitting an
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application for a preliminary plat and the applicant will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review.
I. The benefits, combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies any proposed deviation from any standard district regulations because;
The development provides for a mix of commercial and residential uses in proximity to a principal
arterial and the applicant is required to provide vehicular and pedestrian connectivity to the adjacent
parcels and/or developments.
m. All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
n. The development will not create excessive additional requirements at public cost for public facilities
and services because the facilities and services will be constructed at the expense of the developer as
conditioned herein;
o. All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid potential
liability and expenses.
DATED this 11th day of May 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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'-'Sharon K. Bergmann, Eagle City Cler 'I
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